---
title: "GDPR Recital 41: Legal Basis or Legislative Measures"
url: "https://www.engagecompliance.co/law/gdpr/recital-41"
type: "legal-text"
date: ""
---
# GDPR Recital 41: Legal Basis or Legislative Measures

Where this Regulation refers to a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by a parliament, without prejudice to requirements pursuant to the constitutional order of the Member State concerned. However, such a legal basis or legislative measure should be clear and precise and its application should be foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice of the European Union (the ‘Court of Justice’) and the European Court of Human Rights.

## Articles this recital explains

- [Article 6](https://www.engagecompliance.co/law/gdpr/article-6): Lawfulness of processing

Source text: EUR-Lex, Official Journal consolidated HTML (CELEX 32016R0679). Recital short titles are editorial labels from gdpr-info.eu editorial short titles (not official). Cross-checked against gdpr-info.eu (independent reproduction).