Article 5 - Conditions for processing of personal data

(1) Personal data cannot be processed without the explicit consent of the data subject.

(2) Personal data may be processed without seeking the explicit consent of the data subject only in cases where one of the following conditions is met:

  • a) it is clearly provided for by the laws.
  • b) it is mandatory for the protection of life or physical integrity of the person or of any other person who is bodily incapable of giving his consent or whose consent is not deemed legally valid.
  • c) processing of personal data belonging to the parties of a contract, is necessarily provided that it is directly related to the conclusion or fulfilment of that contract.
  • ç) it is mandatory for the controller to be able to perform his legal obligations.
  • d) the data concerned is made available to the public by the data subject himself.
  • e) data processing is mandatory for the establishment, exercise or protection of any right.
  • f) it is mandatory for the legitimate interests of the controller, provided that this processing shall not violate the fundamental rights and freedoms of the data subject.
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