• Courses
      • Global Series of National Privacy Laws
      • Nederlandse Privacy Academie
    • Resources
    • Join GADPPRO ACADEMY
      • Join GADPPRO Academy as an Official Partner
      • Become an Official GADPPRO Training Entity
      • Join the GADPPRO Business Academy
      • Secretariat & International Training Centre
      • Contact Us
    •  
      • RegisterLog in
    Privacad GADPPRO Academy
      • Courses
        • Global Series of National Privacy Laws
        • Nederlandse Privacy Academie
      • Resources
      • Join GADPPRO ACADEMY
        • Join GADPPRO Academy as an Official Partner
        • Become an Official GADPPRO Training Entity
        • Join the GADPPRO Business Academy
        • Secretariat & International Training Centre
        • Contact Us
      •  
        • RegisterLog in

      Blog

      Processing of personal data under 6(1)(b) GDPR in the context of the provision of online services to data subjects

      • Categories Blog, Business, Design / Branding, Free Data Protection Resources, Uncategorized
      • Date November 2, 2020

      Guidelines 02/2019 on processing of personal data under 6(1)(b) GDPR in the context of the provision of online services to data subjects

      Section 2.4  Necessity

      23. Necessity of processing is a prerequisite for both parts of Article 6(1)(b). At the outset, it is important to note that the concept of what is ‘necessary for the performance of a contract’ is not simply an assessment of what is permitted by or written into the terms of a contract. The concept of necessity has an independent meaning in European Union law, which must reflect the objectives of data protection law. Therefore, it also involves consideration of the fundamental right to privacy and protection of personal data, as well as the requirements of data protection principles including, notably, the fairness principle.

      24. The starting point is to identify the purpose for the processing, and in the context of a contractual relationship, there may be a variety of purposes for processing. Those purposes must be clearly specified and communicated to the data subject, in line with the controller’s purpose limitation and transparency obligations.

      25. Assessing what is ‘necessary’ involves a combined, fact-based assessment of the processing “for the objective pursued and of whether it is less intrusive compared to other options for achieving the samegoal”. If there are realistic, less intrusive alternatives, the processing is not ‘necessary’. Article 6 (1)(b) will not cover processing which is useful but not objectively necessary for performing the contractual service or for taking relevant pre-contractual steps at the request of the data subject, even if it is necessary for the controller’s other business purposes.

      • Share:
      author avatar
      Richard V

      Previous post

      Processing of personal data under 6(1)(b) GDPR in the context of the provision of online services to data subjects
      November 2, 2020

      Next post

      Processing of personal data under 6(1)(b) GDPR in the context of the provision of online services to data subjects
      November 2, 2020

      You may also like

      Children Safety Encryption www.privacad.com
      Apple’s New Step to Protect Child Abuse via Encryption Feature
      20 August, 2021
      DNA Technology and Privacy www.privacad.com
      DNA Technology Regulation Bill and Violation of Privacy for Minority Groups
      19 August, 2021
      www.privacad.com
      India accuses Twitter of not complying with new IT rules
      18 August, 2021

      Search

      Categories

      • Blog
      • Business
      • Design / Branding
      • Free Data Protection Resources
      • Nederlandse Privacy Academie
      • Uncategorized
      Facebook-f Linkedin-in

      © Privacad 2020

      For all your questions about courses

      students@privacad.com

      For all your questions about Privacad for business

      info@privacad.com

      Links

      • Courses
      • Become a GADPPRO Academy Official Training Entity
      • Resources
      • Free Data Protection Resources
      • Blog
      • Profile
      • Students Stewards Network (SSN)

      Support

      • Privacy Policy
      • Terms of Use
      • FAQs
      • Contact

      © GADPPRO Academy | Privacad 2022

      GADPPRO Academy 2022

      Login with your site account

      Lost your password?

      Not a member yet? Register now

      Register a new account

      Are you a member? Login now