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Art. 6 GDPR · Chapter II: Principles

Article 6 GDPR: Lawfulness of processing

Text as of 28 October 2026 Reviewed by Sergio Maldonado Elvira on 29 October 2026

Summary (not the official text)

Processing is lawful only if at least one of six grounds applies: consent, contract, legal obligation, vital interests, public interest or official authority, or legitimate interests. The article also sets out how Union or Member State law can lay down a basis for processing, and what the controller must take into account when data are processed for a new purpose without consent or such a law.

Official text

Processing shall be lawful only if and to the extent that at least one of the following applies:

the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

processing is necessary for compliance with a legal obligation to which the controller is subject;

processing is necessary in order to protect the vital interests of the data subject or of another natural person;

processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.

Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX.

The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by:

Union law; or

Member State law to which the controller is subject.

The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.

Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject's consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia:

any link between the purposes for which the personal data have been collected and the purposes of the intended further processing;

the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller;

the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10;

the possible consequences of the intended further processing for data subjects;

the existence of appropriate safeguards, which may include encryption or pseudonymisation.

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

Article 6 on EUR-Lex

Text as of 28 October 2026.

This is reference material, not legal advice.

This list is under review.

Court of Justice judgments

Related (earlier law or other instruments)

  • C-597/19, Mircom International Content Management & Consulting (M.I.C.M.) Limited v Telenet BVBA

    Judgment of 17 June 2021ECLI:EU:C:2021:492

    Instrument: GDPR together with the IP Enforcement and ePrivacy Directives

    A copyright holder's systematic recording of IP addresses of file sharers, and the internet provider's disclosure of subscribers' names for a damages claim, can rest on legitimate interest, provided the request is justified, proportionate and not abusive, and any obligation to disclose is based on a legislative measure.

    CURIAEUR-Lex

  • C-673/17, Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Planet49 GmbH

    Judgment of 1 October 2019ECLI:EU:C:2019:801

    Instrument: GDPR together with the ePrivacy Directive (Art. 5(3))

    A pre-ticked checkbox does not give valid consent to cookies, whether or not the data are personal data; users must be told how long cookies last and whether third parties can access them.

    CURIAEUR-Lex

  • C-40/17, Fashion ID GmbH & Co.KG v Verbraucherzentrale NRW eV

    Judgment of 29 July 2019ECLI:EU:C:2019:629

    Instrument: Directive 95/46/EC (pre-GDPR; reasoning still applied under the GDPR)

    A website that embeds a social plugin is a joint controller with the plugin provider for collecting and sending visitors' data, but only for that stage; each must pursue a legitimate interest, and the site must obtain any consent and give information for the stage it controls.

    CURIAEUR-Lex

  • C-582/14, Patrick Breyer v Bundesrepublik Deutschland

    Judgment of 19 October 2016ECLI:EU:C:2016:779

    Instrument: Directive 95/46/EC (pre-GDPR; reasoning still applied under the GDPR)

    A dynamic IP address held by a website operator is personal data where the operator has lawful means to identify the user with additional data held by the internet access provider; national law may not exclude legitimate interest as a basis for such processing in advance.

    CURIAEUR-Lex

EDPB guidance

Fines

Amounts are shown in the currency in which the fine was imposed.

  • Xandr Inc.: NOK 92,000,000

    Datatilsynet (Norwegian Data Protection Authority), NorwayDecision of 2 October 2026Appeal status: unknown

    As an ad exchange in real-time bidding, processed Grindr users' data (revealing sexual orientation) without a legal basis, relying on Grindr's invalid consents.

    Source: the authority

  • Experian Nederland B.V.: EUR 2,700,000

    Autoriteit Persoonsgegevens (Dutch Data Protection Authority), NetherlandsDecision of 16 October 2025Appeal status: not appealed

    Credit-scoring business used personal data from many sources without a valid legal basis and did not inform the people concerned.

    Source: the authority

  • Luka Inc.: EUR 5,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 10 April 2025Appeal status: unknown

    AI companion chatbot ran with no identified legal basis, an inadequate privacy policy and no effective age verification despite excluding minors.

    Source: the authority

  • Posti: EUR 2,400,000

    Tietosuojavaltuutetun toimisto (Office of the Data Protection Ombudsman, Finland), FinlandDecision of 13 November 2024Appeal status: unknown

    Automatically opened an OmaPosti electronic mailbox for customers, tied to other services, with a pre-ticked box and without clear information.

    Not fully confirmed: Confirmed on the EDPB news page. Fine for Art. 5 and 6(1); reprimand and order for Art. 13; instruction on Art. 25. Company name given only as 'Posti'.

    Source: the authority

  • Foodinho s.r.l.: EUR 5,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 13 November 2024Appeal status: unknown

    Glovo-group delivery platform geolocated over 35,000 riders even off shift, used facial recognition for identity checks, made automated decisions (including deactivations) without safeguards, and let other group companies see rider data.

    Source: the authority

  • LinkedIn Ireland Unlimited Company: EUR 310,000,000

    Data Protection Commission (Ireland), IrelandDecision of 22 October 2024Appeal status: under appeal

    Processed members' data for behavioural analysis and targeted advertising without a valid legal basis, and without fair and clear information.

    Source: the authority

  • Clearview AI Inc.: EUR 30,500,000

    Autoriteit Persoonsgegevens (Dutch Data Protection Authority), NetherlandsDecision of 16 May 2024Appeal status: not appealed

    Built a facial recognition database of billions of photos, including of people in the Netherlands, without a legal basis, and did not inform people or answer access requests.

    Source: the authority

  • Avast Software s.r.o.: CZK 351,000,000

    Office for Personal Data Protection (Úřad pro ochranu osobních údajů, ÚOOÚ), Czech RepublicDecision of 10 April 2024Appeal status: upheld

    Antivirus maker passed pseudonymised browsing histories of about 100 million users to a sister company that sold insights to marketers, while telling users the data was anonymous and used only for statistics.

    Source: the authority

  • Amazon France Logistique: EUR 32,000,000

    Commission nationale de l'informatique et des libertés (CNIL), FranceDecision of 27 December 2023Appeal status: reduced

    Warehouse employee monitoring: scanner-based productivity indicators kept in detail for 31 days, some judged to lack a legal basis, plus poor information to temporary staff and on CCTV, and weak security.

    Source: the authority

  • EOS Matrix d.o.o.: EUR 5,470,000

    Croatian Personal Data Protection Agency (Agencija za zaštitu osobnih podataka, AZOP), CroatiaAnnounced on 5 October 2023Appeal status: unknown

    Debt collector could not protect or explain a leak from its main database, processed non-debtors' data and debtors' health data with no legal basis, and recorded calls without a legal basis or clear notice.

    Source: the authority

  • Meta Platforms Ireland Limited: EUR 210,000,000

    Data Protection Commission (Ireland), IrelandDecision of 31 December 2022Appeal status: under appeal

    Facebook relied on 'contract' as the legal basis for behavioural advertising and was not transparent about its legal bases.

    Source: the authority

  • Meta Platforms Ireland Limited: EUR 180,000,000

    Data Protection Commission (Ireland), IrelandDecision of 31 December 2022Appeal status: under appeal

    Instagram relied on 'contract' as the legal basis for behavioural advertising and was not transparent about its legal bases.

    Source: the authority

  • Clearview AI: EUR 20,000,000

    Commission nationale de l'informatique et des libertés (CNIL), FranceDecision of 17 October 2022Appeal status: unknown

    Facial-recognition firm scraped photos of people in France from the web with no legal basis, ignored access and erasure requests and did not cooperate with the CNIL; ordered to stop and delete, with a daily penalty.

    Source: the authority

  • Meta Platforms Ireland Limited: EUR 405,000,000

    Data Protection Commission (Ireland), IrelandDecision of 2 September 2022Appeal status: under appeal

    Instagram let 13 to 17 year olds run business accounts that published their phone numbers or emails, and set child accounts to public by default.

    Source: the authority

  • Clearview AI, Inc: EUR 20,000,000

    Hellenic Data Protection Authority, GreeceDecision of 13 July 2022Appeal status: unknown

    Facial recognition company processed people's images in Greece unlawfully, without transparency, ignored an access request and had no EU representative.

    Source: the authority

  • Google LLC: EUR 10,000,000

    Agencia Española de Protección de Datos (AEPD), SpainAnnounced on 18 May 2022Appeal status: unknown

    Search and video platform forwarded people's content-removal requests (identity, email, reasons, URLs) to a public third-party database without a legal basis, which frustrated the right to erasure.

    Not fully confirmed: AEPD press release of 18 May 2022 (procedure PS/00140/2020). The decision date and the split of the fine between the two infringements are not confirmed.

    Source: the authority

  • Clearview AI: EUR 20,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 10 February 2022Appeal status: unknown

    Facial-recognition firm scraped billions of facial images, including of people in Italy, with no legal basis, without transparency, and without an EU representative; ordered to delete Italian data and stop collecting it.

    Source: the authority

  • IAB Europe: EUR 250,000

    Autorité de protection des données / Gegevensbeschermingsautoriteit (Belgium), BelgiumDecision of 2 February 2022Appeal status: upheld

    The ad-industry Transparency and Consent Framework processed users' preference strings without a legal basis, with vague information, weak safeguards, no records, no DPIA and no DPO.

    Source: the authority

  • Grindr LLC: NOK 65,000,000

    Datatilsynet (Norwegian Data Protection Authority), NorwayDecision of 13 December 2021Appeal status: upheld

    Shared users' data (including the fact of using a gay dating app) with advertising partners without valid consent.

    Source: the authority

  • CAIXABANK, S.A.: EUR 6,000,000

    Agencia Española de Protección de Datos (AEPD), SpainDecision of 7 January 2021Appeal status: unknown

    Bank relied on invalid consent and its privacy information was unclear when it profiled customers and shared data across its group for commercial purposes.

    Not fully confirmed: Operative part of resolution PS/00477/2019 read: EUR 2,000,000 for Articles 13 and 14 and EUR 4,000,000 for Article 6; a charge under Article 22 was dismissed. The resolution text carries no visible date; 7 January 2021 comes from a later AEPD document.

    Source: the authority

  • Google LLC: SEK 75,000,000

    Integritetsskyddsmyndigheten (Swedish Authority for Privacy Protection), SwedenDecision of 10 March 2020Appeal status: reduced

    Failed to remove search results in time under the right to be forgotten, and told website owners about removals, which discouraged people from asking.

    Source: the authority

  • TIM S.p.A.: EUR 27,802,946

    Garante per la protezione dei dati personali, ItalyDecision of 15 January 2020Appeal status: unknown

    Aggressive telemarketing: calls to people who had refused or were on internal block lists, marketing without valid consent, and weak control of call-centre partners.

    Not fully confirmed: Amount, date and name read in the decision (register no. 7 of 15 January 2020). Articles listed are those the decision states for its main finding (section 3.1, which also cites Article 130 of the Italian Code); later sections discuss further provisions (e.g. Articles 12 and 21), so the list may be incomplete.

    Source: the authority

  • Google LLC: EUR 50,000,000

    Commission nationale de l'informatique et des libertés (CNIL), FranceDecision of 21 January 2019Appeal status: upheld

    Information on ad personalisation was scattered and unclear, and consent to it was not specific or informed (pre-ticked, bundled), so it gave no valid legal basis.

    Source: the authority