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After downloading and loading a mobile app, the user is presented with an account registration page requesting the user to provide certain personal details. Two statements are also displayed on the same page along with a box for the user to check to indicate their confirmation: Statement 1 reads: "Please check this box to confirm you have read and accept the terms and conditions of the end user license agreement" and includes a hyperlink to the terms and conditions. Statement 2 reads: "Please check this box to confirm you have read and understood the privacy notice" and includes a hyperlink to the privacy notice. Under the General Data Protection Regulation (GDPR), what lawful basis would you primarily except the privacy notice to refer to?
Correct Answer: A
Consent (A): Under GDPR, consent is required when processing personal data based on the user's agreement, particularly when accepting terms and conditions and privacy notices. Reference: GDPR Article 6(1)(a). Vital interests (B): This lawful basis is used in emergency situations where processing is necessary to protect someone's life. Reference: GDPR Article 6(1)(d). Legal obligation (C): This basis is used when processing is necessary to comply with the law. Reference: GDPR Article 6(1)(c). Legitimate interests (D): While legitimate interests can be a lawful basis, the primary basis for the scenario described involving explicit user confirmation is consent. Reference: GDPR Recital 47, Article 6(1)(f).