The evaluation of what is “necessary” involves a combined and factual assessment of the treatment “for the objective pursued and if it is less intrusive than other options to achieve the same objective.” admit, or go one way; To be settled; Organize how, to reconcile the fact; The Committee on Freedoms and Freedoms agrees on disputes. Treatment is not considered “necessary for the performance of a contract,” i.e. where a requested service can be provided without the specific treatment. The EDPB recognizes that another legal basis may be applicable as long as the relevant conditions are met, for example. B consent, legitimate interest. The legal basis must be defined at the beginning of the treatment and the information provided to the persons concerned in accordance with Articles 13 and 14 must specify the legal basis. Determining the appropriate legal basis is linked to principles of fairness and assignment. “No changes can be made without the agreement of all partners.” It should be noted that the term “necessary for the performance of the contract” is not only an assessment of what is authorized by a contract or written in the terms of the contract. The concept of necessity has an autonomous meaning in EU law, which must reflect the objectives of data protection legislation. It is therefore also a question of taking into account the fundamental right to privacy and the protection of personal data, as well as the requirements of data protection principles, in particular the principle of fairness. To accept a contract or a contractual element.
Consent or consent capable, intentional and voluntary to a particular act or person, which implies physical and mental power and freedom of action. ⇒ example: a company sells products online. A customer contacts the company because the color of the purchased product is different from the agreed. The processing of the client`s personal data for the purposes of resolving this issue may be based on Article 6, paragraph 1, point b). If the “necessary contract” assessment, which must be carried out before the start of treatment, reveals that the treatment envisaged goes beyond what is objectively necessary for the performance of the contract, this does not in itself make such future treatment illegal. Article 6 specifies that other legal bases may be available before treatment begins. Establishing a provision for counting differences or setting a price; To exchange promises; reach a common solution or a common solution; I promise you that. Voluntary compliance with what is done or proposed by another; Tolerance Compliance with the rules Authorization authorization.
The legal basis for treatment on the basis of Article 6, paragraph 1, paragraph b) must be considered within the framework of the RGPD as a whole, in the objectives of Article 1 and in addition to the obligation for defenders of the processing of personal data, in accordance with the principles of data protection set out in Article 5. These include fair and transparent handling of personal data in accordance with the obligations to limit purposes and minimise data.