EDPB Issues Draft Guidelines on Legal Basis of Data Processing ‘Necessary for the Performance of a Contract’

The European Data Protection Board (EDPB) has issued draft guidelines on the GDPR legal basis of “necessary for the performance of a contract”. Key takeaways: You must specify the purpose of the processing and avoid vague or general purposes Necessary for the performance of a contract is not a legal basis for “special categories of data”. Necessity covers only situations where the processing is objectively necessary for the performance of a purpose that is integral to the delivery of the service. Necessary for a contract generally applies to: processing of payment details for the purpose of charging for the service sending formal reminders about outstanding payments bringing a contract back in conformity after smaller incidents and issues Applies in some cases to personalization of content Generally doesn’t apply to: unsolicited marketing collection of organizational metrics relating to a service, or details of user engagement processing for the…

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