Legal Obligation

A legal obligation should not be confused with contractual obligations. You will usually rely on legal obligation as your lawful basis for processing in cases where that obligation is imposed on you by another institution.

For example:

  • Donation and Gift Aid information which must be disclosed to HMRC
  • Cooperating with a police investigation 
  • You have to comply with a court order

‘Legal obligation’ must be supported by UK or EU law, and does not refer to specific processing activities. It is more that you are doing what you can in order to comply with the law.

You should also make sure that you need to process the data, and cannot reasonably comply with the law in any other way. You should keep a record of the specific legal obligation, and the institution or organisation which is advising you to comply.

You can read more on the ICO site.

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