learn-gdpr-with-phoebe / Leader session 2 of 6
Learn GDPR with Phoebe · Leader track · Session 2 of 6

Seven principles, six lawful bases

Everything the GDPR asks of you sits on top of two short lists: seven principles that describe what good data handling looks like (Article 5), and six lawful bases, any one of which you need before you touch personal data at all (Article 6). If you lead a Singapore company used to the PDPA's consent-first habit, the single biggest shift is here: under the GDPR, consent is just one door of six - and often not the best one. This session makes both lists something you can hold in your head in a meeting.

🟢 Leader track Leaders: C-level · managers · DPOs No jargon 🟢 Easy
0-3 · Welcome 3-20 · Concepts 20-40 · Exercises 40-45 · Q&A
Part 0

Why these two lists run everything

Session 1 settled whether the GDPR reaches you. This session answers the next question every leader asks: if it applies, what does it actually make us do? The honest answer is that the whole regulation is built on two foundations. Article 5 lists seven principles - the standing rules of the game. Article 6 lists six lawful bases - the permission slips, and you need one before you process any personal data. Get comfortable with these two lists and most of the GDPR stops feeling like a maze. The PDPA-trained instinct is to reach for consent every time; the GDPR quietly rewards you for reaching for the right basis instead.

Read this first This course is educational, not legal advice. The GDPR is a large regulation shaped by case law, and every real situation has its own facts. Verify against the Regulation text and your data protection authority, and get proper advice before you act.
Live - presented in session Self-study - read after class ★ Try it now prompt Sources covered at the end
★ What you walk out with today The seven Article 5 principles and why accountability is the one with teeth, the six lawful bases as co-equal doors, a clear sense of why consent-first is a PDPA habit the GDPR does not reward, and a short list of questions to put to your DPO and legal counsel this week.
Part 1 · covers GDPR Article 5

The seven principles 9 min live

Article 5 sets out seven principles. Six describe how you must treat personal data. The seventh, accountability, changes everything: it is not enough to comply - you have to be able to show that you comply. That is the sentence a Singapore leader should underline.

1 · Lawful, fair, transparent a basis + honesty with people 2 · Purpose limitation collect for a stated purpose only 3 · Data minimisation collect only what you need 4 · Accuracy keep it correct and current 5 · Storage limitation do not keep it forever 6 · Integrity + confidentiality keep it secure 7 · Accountability Art 5(2): you must be able to DEMONSTRATE compliance with all six Principles 1 to 6 describe good handling. Principle 7 makes you prove it - with records, policies, and evidence. The PDPA expects good practice too; the GDPR makes the proof itself a duty. "We do the right thing" is not enough - accountability means "we can show we do".
🔍 Click to zoom - Article 5: six handling principles plus accountability, the one that makes you prove it
LiveThe six handling principles, in plain English3 min▶

Read Article 5(1) once and it sounds like common sense. That is the point - the principles are the values, and every specific rule later in the GDPR is one of these six made concrete.

  • Lawfulness, fairness, transparency (5(1)(a)). Have a lawful basis, do not use data in ways people would find unfair or surprising, and be honest about what you do.
  • Purpose limitation (5(1)(b)). Collect data for a specified, stated purpose - and do not quietly repurpose it for something unrelated later.
  • Data minimisation (5(1)(c)). Collect only what you actually need for that purpose. "Nice to have" is not a reason to hold it.
  • Accuracy (5(1)(d)). Keep personal data correct and up to date; fix or erase what is wrong.
  • Storage limitation (5(1)(e)). Do not keep data longer than you need it. Retention has to have an end.
  • Integrity and confidentiality (5(1)(f)). Keep it secure - against loss, misuse, and unauthorised access.
★ Try it now (any chat AI)List the seven GDPR Article 5 principles in one plain sentence each, then for my business [describe it] tell me which one we are most likely to be weak on and why. Keep it practical, not legalistic.
LiveAccountability - the principle with teeth3 min▶

The seventh principle, in Article 5(2), is one sentence and it reshapes the other six: the controller "shall be responsible for, and be able to demonstrate compliance with" the principles. That last phrase is the whole game. It is not enough to be compliant - you must be able to prove it, on demand, to a regulator.

  • Compliance becomes evidence. Records of processing, documented lawful bases, retention schedules, policies, and decision logs are how you demonstrate compliance. No evidence, no defence.
  • The burden is on you. If a regulator asks why you held certain data or on what basis, the answer "we just did" is a finding against you. Accountability shifts the burden of proof onto the organisation.
  • Why it matters for leaders. This is what turns privacy from a values statement into an operating discipline. The question you should ask your team is not "are we compliant?" but "could we show it tomorrow?"
Real world

Lumina's paper trail. Our running-case Singapore SaaS (fictional) had sensible data practices but almost nothing written down - the PDPA had never pushed it that far. The first thing being in GDPR scope forced was documentation: a record of what it processes, for what purpose, and on which lawful basis. Nothing about Lumina's behaviour was wrong; what was missing was the ability to demonstrate it.

Self-studyHow the principles echo, and extend, the PDPA2 min read▶

If you already run to the PDPA, most of Article 5 will feel familiar. The PDPA's Purpose Limitation, Notification, Accuracy, Protection, and Retention Limitation obligations map cleanly onto GDPR purpose limitation, transparency, accuracy, security, and storage limitation. The two regimes largely agree on what good handling looks like. Where the GDPR pulls ahead is accountability: the PDPA expects you to have policies and practices in place, but the GDPR makes the ability to demonstrate compliance an explicit, standalone principle with the burden squarely on you. Treat Article 5 as the PDPA data-protection provisions you know, plus a formal duty to keep the receipts.

Part 2 · covers GDPR Articles 6, 7, 4(11), 9

The six lawful bases, and consent 9 min live

Before you process any personal data, you need a lawful basis. Article 6 gives you six, and here is the mindset shift for a PDPA-trained leader: they are co-equal doors, not a hierarchy with consent at the top. Consent is one door, and often the flimsiest one.

Six co-equal doors - you need at least ONE to walk through (a) Consent person says yes (b) Contract needed to serve them (c) Legal obligation law requires (d) Vital interests life or death (e) Public task official duty (f) Legit. interests + balancing test Consent is ONE door of six. For most business uses, contract or legitimate interests fits better - and does not evaporate when someone withdraws. The PDPA starts at consent; the GDPR starts at "which door?" Special-category data (Art 9) health, race, beliefs, biometrics... needs an Art 9 condition ON TOP of one of these six bases. Pick the basis that fits the purpose - not consent by reflex. The wrong basis is a compliance gap.
🔍 Click to zoom - Article 6: six co-equal bases, with special-category data needing an Article 9 condition on top
LiveThe six bases at a glance3 min▶

Article 6(1) lists six lawful bases. At least one must apply to your processing, and you should decide and record which one before you start - not reach for it afterwards.

Basis (Art 6(1))When it fitsTypical use
(a) ConsentThe person freely agrees to a specific useMarketing emails, optional cookies
(b) ContractYou need the data to deliver what they signed up forFulfilling an order, running an account
(c) Legal obligationA law requires the processingTax records, statutory reporting
(d) Vital interestsSomeone's life is at stakeA medical emergency
(e) Public taskOfficial function in the public interestMostly public authorities
(f) Legitimate interestsYour genuine interest, not overridden by the person's rightsFraud prevention, network security, some analytics

The leadership point: for most everyday business processing, contract (b) or legitimate interests (f) is a better fit than consent. Consent should be reserved for the uses where the person truly has a real, free choice.

LiveWhat "consent" actually has to mean3 min▶

If you do use consent, the GDPR sets a high bar - much higher than the tick-box many companies grew up with. The definition (Article 4(11)) and the conditions (Article 7) together mean consent must be:

  • Freely given - a real choice, not bundled into terms or a condition of service.
  • Specific - tied to a particular purpose, not a blanket "we may use your data".
  • Informed - the person knows who you are and what they are agreeing to.
  • Unambiguous - a clear affirmative act. Pre-ticked boxes and silence do not count.
  • Demonstrable and withdrawable (Art 7) - you must be able to show you obtained it, and it must be as easy to withdraw as it was to give. Withdrawal is not retroactive: it stops future processing but does not undo what was already lawful.

This is exactly why consent is often the wrong basis for core operations: if someone withdraws, you lose your basis. Contract or legitimate interests does not vanish that way.

Real world

Lumina picks a basis. Lumina had been treating its "I agree to the terms" checkbox as consent for everything. Rebuilding for the GDPR, it split its processing: running a customer's account is contract (Art 6(1)(b)), fraud and security monitoring is legitimate interests (Art 6(1)(f)) with a documented balancing test, and only its marketing emails stayed on consent (Art 6(1)(a)). Same activities, but now each has the basis that actually holds up - and the marketing consent is one someone can withdraw without breaking their account.

Self-studyLegitimate interests, and special-category data2 min read▶

Two nuances a leader should be able to name. First, legitimate interests (Art 6(1)(f)) is the only basis with a built-in "except where overridden by the individual's interests or rights" test. In practice you document that judgement as a balancing assessment - often called a legitimate interests assessment, or LIA. Worth flagging: LIA is the name the UK ICO and EDPB give the method, not wording that appears in the Regulation itself. The point for you is that this basis is not a free pass; you have to weigh your interest against the person's and be able to show your working.

Second, special-category data (Art 9) - health, race or ethnicity, political opinions, religious beliefs, trade-union membership, genetic and biometric data, sex life and sexual orientation - gets extra protection. Processing it is prohibited unless one of the specific conditions in Article 9(2) applies, such as explicit consent or an employment-law obligation. Crucially, an Article 9 condition is needed on top of an Article 6 basis, not instead of one. If your product touches health or biometric data, this is a board-level flag.

The habit to unlearn The PDPA is a consent-first regime - consent, plus deemed consent, plus a set of exceptions (including a legitimate-interests exception added in 2020). That training makes leaders reach for consent by default. Under the GDPR, ask "which of the six doors fits this purpose?" first. Reaching for consent when contract or legitimate interests fits better creates a fragile basis, not a safe one.
Exercise 1 of 2

Map your purposes to a basis ★ 12 min · pen and paper

A lawful basis is decided per purpose, not per company. Do this for the way Lumina would - or for your own processing - and the shape of your compliance becomes clear.

List your main processing purposes in plain language: running accounts, billing, marketing, security monitoring, analytics, statutory records. One line each.

For each purpose, pick the single best-fitting basis from the six. Ask "why are we really doing this?" - the honest answer usually points to contract or legitimate interests, not consent.

Flag anything that touches special-category data (health, biometrics, and so on). Note that it needs an Article 9 condition on top of the Article 6 basis.

For any purpose left on consent, check it against the standard: freely given, specific, informed, unambiguous, and withdrawable. If it fails, ask whether a different basis fits better.

★ Your basis-mapping partner (paste into any chat AI)I run a Singapore company subject to the GDPR. I will list our processing purposes. For each, suggest the best-fitting Article 6 lawful basis (consent, contract, legal obligation, vital interests, public task, legitimate interests), explain in one line why, and flag if it likely touches special-category data needing an Article 9 condition. Warn me where we are over-relying on consent. Educational only - remind me to confirm with counsel. My purposes: [list them]
Exercise 2 of 2

The "are we over-relying on consent?" audit ★ 8 min · your next privacy review

Companies coming from a PDPA background almost always lean on consent too hard. Four questions surface it fast.

"How many of our purposes sit on consent today?" If the honest answer is "nearly all of them", that is the PDPA reflex, not a GDPR design.

"For each consent-based purpose, does the person have a real, free choice?" If saying no would break the service they paid for, it is not free consent - it is probably contract.

"If a customer withdrew consent tomorrow, what would break?" Anything essential to the service should not have been on consent in the first place.

"Can we demonstrate the consent we hold, and let people withdraw as easily as they gave it?" Article 7 requires both. A one-way sign-up with no easy withdrawal fails.

The mindset Fewer consents, better chosen. Move core operations to contract or legitimate interests, keep consent for the genuinely optional, and your basis stops being fragile. Session a3 turns to the rights individuals can then exercise against you.
Homework

Before session a3 ◐ 30 min total

★ Questions to ask your DPO and legal counsel this week
  1. Do we have a documented lawful basis for each of our processing purposes, or are we defaulting to consent?
  2. Where are we relying on consent for something core to the service - and should it be contract or legitimate interests instead?
  3. For any legitimate-interests basis, have we done and recorded a balancing assessment?
  4. Does any of our processing involve special-category data (Art 9), and do we have a condition for it on top of an Art 6 basis?
  5. Could we demonstrate compliance with the Article 5 principles - records, retention, policies - if a regulator asked tomorrow?
Source material

Official sources covered

Taught from the GDPR text and reputable comparative guidance. This page covers:

✓GDPR Article 5 (principles + accountability)Part 1 · the six handling principles + Art 5(2) demonstrate-compliance duty
✓GDPR Article 6 (lawful bases)Part 2 · the six co-equal bases, at least one must apply
✓GDPR Article 4(11) + Article 7 (consent)Part 2 · the consent definition + demonstrable, withdrawable conditions
✓GDPR Article 9 (special-category data)Self-study · prohibited unless an Art 9(2) condition applies, on top of Art 6
◐GDPR vs PDPA (consent model contrast)Part 2 · verified GDPR side; PDPA consent-first framing flagged as comparative
Check yourself

Three questions before you go 🎯 ◐ 90 seconds

1 · The GDPR's seventh principle, accountability (Art 5(2)), requires an organisation to...

Article 5(2) makes the controller responsible for, and able to demonstrate, compliance. The burden of proof sits with the organisation - records and evidence, not just good behaviour.

2 · Under GDPR Article 6, consent is...

The six bases are co-equal; you need at least one. Contract or legitimate interests usually fits everyday business processing better, and unlike consent it does not evaporate when a person withdraws.

3 · Processing special-category data (health, biometrics, beliefs) under Article 9 requires...

Special-category data is prohibited unless a specific Article 9(2) condition applies - and that condition is needed in addition to, not instead of, an Article 6 basis.

Leader session 2 cheat sheet · pin this

Seven principles (Art 5)Lawful/fair/transparent · purpose limitation · minimisation · accuracy · storage limitation · integrity + confidentiality · accountability.
Accountability has teethArt 5(2): you must be able to DEMONSTRATE compliance. Comply is not enough - you must be able to prove it.
Six lawful bases (Art 6)Consent · contract · legal obligation · vital interests · public task · legitimate interests. At least one must apply.
Consent is just one doorCo-equal, not top of a hierarchy. For core operations, contract or legitimate interests usually fits better.
Consent standard (Art 4(11), 7)Freely given, specific, informed, unambiguous; demonstrable; as easy to withdraw as to give; not retroactive.
Legitimate interests (6(1)(f))The only basis with a built-in balancing test. Document it (the LIA method - ICO/EDPB name, not statutory).
Special-category data (Art 9)Prohibited unless an Art 9(2) condition applies - needed ON TOP of an Art 6 basis.
vs the PDPAPDPA is consent-first (consent + deemed consent + exceptions). GDPR treats the six bases as co-equal.