learn-gdpr-with-phoebe / Practitioner session 2 of 8
Learn GDPR with Phoebe · Practitioner track · Session 2 of 8

Picking a lawful basis (and documenting it)

Under the GDPR you cannot process personal data at all without a lawful basis - one of six. The mistake teams make is defaulting to consent for everything, when consent is often the weakest and most fragile choice. This session shows how to match the right basis to each purpose, why consent and legitimate interests are the two you will use most, and how to document the choice so it holds up. Lumina picks its bases here.

🟢 Practitioner track DPOs · marketers · ops Live checker included Easy
0-3 · Welcome 3-18 · Concepts 18-40 · Build-along 40-45 · Q&A
Part 0

No basis, no processing

The GDPR's rule is blunt: every use of personal data needs one of six lawful bases, chosen before you process and recorded. This is a bigger shift than it sounds for a team coming from the PDPA's consent-first world, where "did they agree?" was the main question. Under the GDPR, consent is just one of six doors - and often not the best one, because it can be withdrawn and it is the easiest to get wrong. This session makes the choice concrete.

Read this first Educational, not legal advice. The checker is a teaching model of Article 6 - read the Regulation and get advice for real decisions.
Live - presented in session Self-study - full depth after class ★ Try it now Sources covered at the end
★ What you build today A working method for matching a lawful basis to a purpose, a clear read on consent vs legitimate interests, hands-on time with the basis-mode checker, and the habit of documenting the basis so it survives scrutiny.
Part 1 · covers Article 6

Match the basis to the purpose 7 min live

You do not pick a basis you like; you pick the one that fits what you are actually doing. Most business processing lands on one of three: contract, legitimate interests, or consent.

Consentmarketing,optional extras Contractdeliver whatthey asked for Legalobligationtax, AML Vitalinterestslife/safety Publictaskofficial duty Legit.interests+ balance Consent, contract, and legitimate interests do most business processing. Pick per purpose, then record it.
🔍 Click to zoom - the six lawful bases (Art 6)
LiveThe three you will actually use3 min▶
  • Contract (6(1)(b)): processing genuinely necessary to deliver the service the person asked for. You do not need consent to use an address to ship the order they bought.
  • Consent (6(1)(a)): for things that are not necessary to the service - marketing, optional analytics. It must be a real opt-in and can be withdrawn.
  • Legitimate interests (6(1)(f)): a flexible basis for genuine business needs like fraud prevention or security - but only if you can show a balancing test.
  • The other three - legal obligation, vital interests, public task - are narrower and situational.
The anti-pattern Do not bundle everything under one consent checkbox. If processing is necessary for the contract, consent is the wrong (and fragile) basis - the person could withdraw it and you would still need to run the service.
Live★ Build-along: pick a basis3 min▶

Set the checker to a purpose and read the suggested basis and its catch. Try "deliver a service the person asked for" (contract), "send marketing" (consent), and "fraud prevention" (legitimate interests) - and note how special-category data always adds an Article 9 condition on top.

Honesty note The checker is a teaching model of Article 6. It suggests the typical basis for a purpose; a real decision depends on your specific facts. Confirm with the Regulation and advice.
Build-along · take it further

Assign Lumina's bases ★ 10 min · the checker above

Give each of Lumina's real purposes a basis and note the catch.

Account + billing. Processing to run the service the customer signed up for. Which basis? (Contract.) Note that no consent is needed for what the service requires.

Product analytics. Run it through the checker. Consent or legitimate interests? If legitimate interests, sketch the three-part LIA in a line each.

Marketing emails. The checker points to consent. Write what a compliant opt-in looks like (clear, specific, withdrawable) versus a pre-ticked box.

Any health/sensitive data? If Lumina touched special-category data, note that it needs an Article 9 condition on top - and mark it as a get-advice item.

★ Lumina after b2 Lumina has a lawful basis recorded for each purpose - contract for the service, legitimate interests (with an LIA) for analytics, consent for marketing. Next, in b3, we tell people all of this in a privacy notice, because a lawful basis you never disclosed is only half done.
Homework

Before session b3 ◐ 40 min total

Source material

Official sources covered

Taught from the GDPR text. This page covers ~80% of the working content on lawful bases.

✓GDPR Article 6 (lawful bases)Part 1 · the six + matching to purpose (basis-mode checker)
✓GDPR Articles 4(11) & 7 (consent standard)Part 2 · real opt-in, demonstrable, withdrawable
◐Legitimate interests + Article 9 (special data)Part 2 · the LIA (regulator method) + the Art 9 add-on
Check yourself

Three questions before you go 🎯 ◐ 90 seconds

1 · You process a customer's address to ship the product they bought. The best lawful basis is...

Contract (Art 6(1)(b)) fits processing necessary to perform the service. Using consent here is fragile: they could withdraw it and you would still need the address to fulfil the order.

2 · To rely on legitimate interests, you must...

Legitimate interests (6(1)(f)) is the only basis with a built-in balancing clause, so you must run and record the three-part assessment weighing your interest against the person's rights.

3 · To process special-category data (e.g. health), an Article 6 lawful basis is...

Special-category data is prohibited unless an Article 9(2) condition applies, on top of your Article 6 basis. Two locks, not one.

Practitioner session 2 cheat sheet · pin this

No basis, no processingEvery use of personal data needs one of six lawful bases, chosen up front and recorded.
The workhorsesContract (what the service needs) · legitimate interests (genuine business need) · consent (optional extras).
Consent standardFreely given, specific, informed, unambiguous. Demonstrable. As easy to withdraw as to give.
Don't default to consentIf it is necessary for the contract, consent is the wrong, fragile choice.
Legitimate interests = LIADocument the interest, its necessity, and the balance against the person's rights.
Special data = Art 9 tooHealth/biometrics/beliefs need an Article 9 condition on top of the Article 6 basis.
Document itWhich basis, which purpose, and why. That record is what survives scrutiny.
Do not swap laterYou are held to the basis you picked and disclosed; changing it is a real decision.