Q&As

Which of the General Data Protection Regulation (GDPR) lawful grounds might be appropriate for processing the personal data of entrants to a prize competition? Does the answer differ if the data may subsequently be used for direct marketing purposes?

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Copyright © 2025 LexisNexis
Produced in partnership with Helen Hart of Lewis Silkin LLP
Published on: 19 August 2019
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This Q&A assumes that the prize competition is a sales promotion for consumers, rather than a trade promotion or other type of competition. A controller can only lawfully process Personal data in compliance with the lawfulness, fairness and transparency principle under Article 5(1)(a) of Regulation (EU) 2016/679, the General Data protection Regulation (the GDPR) if it satisfies one of the six conditions set out in Article 6(1) of the GDPR. See Practice Notes: Data protection principles and Lawful basis for personal data Processing.

The three conditions relevant to prize promotions are:

  1. •

    processing is necessary for the performance of a contract to which the Data subject is a party

  2. •

    processing is necessary for the purpose of the legitimate interests pursued by the controller or a third party

  3. •

    the data subject has given consent to the processing

Helen Hart
Helen Hart

Solicitor, Lewis Silkin LLP

Helen studied in Cardiff, York and Germany and qualified as a solicitor in England and Wales in 1998 after a training contract at Allen & Overy in London and Frankfurt. She spent over six years working in-house at Centrica plc and Palm Europe Limited focusing mainly on consumer, advertising and data protection law before returning to private practice at Stevens & Bolton where she was an associate in the corporate and commercial team for two years. She worked for Practical Law between 2008 and 2012 and LexisPSL between 2013 and 2018. She is now working as regulatory affairs manager for the Institute of Promotional Marketing and her main areas of expertise are advertising law and consumer law. She is also qualified as a solicitor in the Republic of Ireland.

Her main areas of expertise are advertising law and consumer protection law.

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Jurisdiction(s):
United Kingdom
Key definition:
Data definition
What does Data mean?

This term is not defined in the cpr. In normal usage it means information that has been organised and categorised for a pre-determined purpose.

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