GDPR lawful basis (consent vs legitimate interest)

Every use of personal data under GDPR needs one of six legal bases; consent is only one of them, and often not the best one.

Article 6 lists consent, contract, legal obligation, vital interests, public task and legitimate interests. Consent can be withdrawn at any time, so it suits optional things like a newsletter; billing a customer runs on the contract. Legitimate interest needs a written balancing test that your interest is not overridden by the person’s rights. For AI, the EDPB’s December 2024 opinion on AI models says legitimate interest can work for training if that test passes, and the Digital Omnibus may write this into the GDPR, but it is not law yet.

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Related terms

GDPR: The EU regulation on personal data: lawful basis, minimal data, user rights and breach reporting, for anyone handling EU residents’ data.
Cookie consent (ePrivacy Directive): The EU rule that a site needs consent before storing or reading anything on a user’s device, except what is strictly necessary for the requested service.
DPIA and FRIA (impact assessments): A DPIA assesses risks of high-risk personal data processing under GDPR; a FRIA assesses a high-risk AI system’s impact on fundamental rights under the AI Act.
DSAR (data subject access request): A person’s request to see, copy, correct or delete the data a company holds about them; under GDPR it must be answered within one month.

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