1. Why are we processing data
Why are we processing data? Privacy be Design: GDPR in International Schools Zagreb, Croatia

2. NO ARTICLE, PARAGRAPH OR EVEN AN ENTIRE LAW LIVES IN ISOLATION
GDPR legal basis
GENTLE WARNING:
NO ARTICLE, PARAGRAPH OR EVEN AN ENTIRE LAW LIVES IN ISOLATION

3. GDPR Legal basis Art 6 we have a, b, c, d, e and f
”Processing shall be lawful only if and to the extent that at least one” applies

4. Article 6 alternatives
1. Do you have a legal obligation to do something?
Is processing necessary for that compliance?  c
2. Do have data subject’s consent for specific purposes?
Given by adult or “holder of parental responsibility” over a child?  a
3. Do you have a contract with data subject?
Is processing necessary for the performance of that contract, or to take steps (at data subject’s request) prior contract?  b

5. Article 6 alternatives cont.
4. Is it necessary to protect natural person’s vital interests? Essential to life, and not possible on another legal basis?  d
5. Is processing necessary for performance of a task in public interest or exercising official authority?
Does it have basis in Union or Member State law? E.g. Public health and social protection, or professional association governed by public law?  e

6. Article 6 alternatives final
6. Is processing necessary for ”legitimate interests” pursued by controller or 3rd party? And those interests are NOT overridden by ”interests or fundamental rights and freedoms” of data subject.. in particular where the data subject is a child?  f

7. More about legitimate interest
If you dream about this basis, please remember:
It is an exception. To fill unreasonable gaps.
Example 1: business card
Example 2: money collection from ex-customer
Example1
Performance of a contract --- Consent ---- Legal obligations
Example 2

8. Extra documentation for LI
You need a written analysis on the balancing test
Solid reasoning, for example why your legitimate interests would not override data subject’s fundamental rights, especially if they are children
Heretical question: Why no other legal basis is doable?

9. Thank You!