Personal data shall only be processed in one of the following cases:
a) if the data subject has unambiguously given his consent;
b) if processing is necessary for the performance of a contract to which the data subject is
party or in order to take steps at the request of the data subject prior to entering into a
contract;
c) if processing is necessary for compliance with an obligation to which the controller is
subject by or by virtue of a law, decree or ordinance;
d) if processing is necessary in order to protect the vital interests of the data subject;
e) if processing is necessary for the performance of a task carried out in the public interest or
in the exercise of official authority vested in the controller or in a third party to whom the data
are disclosed;
f) if processing is necessary for the purposes of the legitimate interests pursued by the
controller or by the third party to whom the data are disclosed, provided that the interests or
fundamental rights and freedoms of the data subject who has a claim to protection under this
law, do not prevail.
The King may specify in a decree agreed upon in the Council of Ministers after advice of the
Commission for the protection of privacy in which circumstances the condition laid down sub
f) shall be considered not being complied with.
Article 6
§ 1. The processing of personal data revealing racial or ethnic origin, political opinions,
religious or philosophical beliefs or trade-union membership as well as the processing of data
concerning sex life, shall be prohibited.
§ 2. The prohibition of processing data referred to in § 1 shall not apply in one of the following
cases:
a. if the data subject has given his written consent to the processing of those data, on
the understanding that the consent may be withdrawn by the data subject at any time;
the King may lay down in a decree agreed upon in the Council of Ministers after
advice of the Commission for the protection of privacy, in which cases the prohibition
of processing data referred to in this Article may not be lifted by the explicit consent of
the data subject;
b. if processing is necessary for the purposes of carrying out the specific obligations and
rights of the controller in the field of employment law;
c. if processing is necessary to protect the vital interests of the data subject or another
person, provided that the data subject is physically or legally incapable of giving his
consent;
d. if processing is carried out in the course of its legitimate activities by a foundation,
association or any other non-profit-seeking body with a political, philosophical,
religious, mutual-benefit or trade-union aim provided that the processing relates
solely to the members of the foundation, association or body or to persons who have
regular contact with it in connection with its purposes and that the data are not
disclosed to a third party without the consent of the persons concerned;
e. if processing relates to data that are apparently made public by the data subject;
f. if processing is necessary for the establishment, exercise or defence of legal claims;
g. if processing is necessary for scientific research and carried out under the terms
established by the King in a decree agreed upon in the Council of Ministers after
advice of the Commission for the protection of privacy;
h. if the processing is necessary for the realisation of an objective laid down by or by
virtue of the law in view of the application of social security;
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