Document the applicable non-consent lawful basis: Which missing | AIGP
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Document the applicable non-consent lawful basis: Which missing control addresses consent versus other lawful

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Easy

GDPR consent is one lawful basis, not the only one; contractual necessity may support required maintenance scheduling when documented.

The question

Under the EU GDPR, an energy company processes technician contact details to schedule maintenance required by an employment agreement. Assume transparency, minimization, security, and rights controls are satisfied. Which missing control addresses consent versus other lawful bases?

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  1. Publish a notice saying consent is implied by employment.
    Implied consent language does not properly establish a lawful basis where contractual necessity is the relevant justification.
  2. Document the applicable non-consent lawful basis. ✓
    Where processing is necessary for contractual performance, the company can document that basis rather than treating consent as universally required.
  3. Obtain consent before every maintenance scheduling message.
    Consent is not required when another applicable lawful basis, such as contractual necessity, supports the processing.
  4. Stop processing until each technician signs a consent form.
    Suspending necessary scheduling unnecessarily treats consent as the sole route, contrary to GDPR’s multiple lawful bases.
The trap
Ask whether another Article 6 basis fits the stated purpose before selecting consent.

How to remember it

GDPR consent is one lawful basis, not the only one; contractual necessity may support required maintenance scheduling when documented.

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