CH Information and Declaration of Consent Under Article 4 Paregraph 5 Data Protection Act on Process 2025

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You must have a valid lawful basis in order to process personal data. There are six available lawful bases for processing. No single basis is better or more important than the others which basis is most appropriate to use will depend on your purpose and relationship with the individual.
Personal data that is or has been made public, like government records, social media posts, or search engine queries, can usually be processed without user consent. Its important to remember that organizations that collect, process, or sell data illegally can be held liable and heavily fined.
In summary, you can process personal data without consent if its necessary for: A contract with the individual: for example, to supply goods or services they have requested, or to fulfil your obligations under an employment contract. This also includes steps taken at their request before entering into a contract.
Everyone has the right to the protection of personal data concerning him or her. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned, or some other legitimate basis laid down by law.
Legitimate interests: you can process personal data without consent if you need to do so for a genuine and legitimate reason (including commercial benefit), unless this is outweighed by the individuals rights and interests. Please note however that public authorities are restricted in their ability to use this basis.

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Consent must be freely given, specific, informed and unambiguous. In order to obtain freely given consent, it must be given on a voluntary basis. The element free implies a real choice by the data subject.
5 GDPR Principles relating to processing of personal data. Personal data shall be: processed lawfully, fairly and in a transparent manner in relation to the data subject (lawfulness, fairness and transparency);
Consent is defined in Article 4(11) as: any freely given, specific, informed and unambiguous indication of the data subjects wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

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