Contractual Necessity Clause Samples

The Contractual Necessity clause establishes that certain actions or data processing are required in order to fulfill the obligations set out in a contract between the parties. In practice, this clause is often used to justify the collection and use of personal data or the performance of specific tasks that are essential for delivering goods or services as agreed. Its core function is to clarify that such activities are not optional but are mandated by the contract, thereby ensuring compliance and reducing ambiguity about what is necessary for contractual performance.
Contractual Necessity processing of Personal Data is necessary to enter into a contract with User, to perform Company's contractual obligations to User under the terms of use ("TOU"), to provide the Services, to respond to requests from User, or to provide User with customer support;
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Contractual Necessity. Generally, consent is not the only legal basis for digital service providers to process consumer data. Article 6 (1) (b) GDPR allows the processing of personal data when this is “necessary for the performance of a contract”.1287 This provision considers that sometimes contracts cannot be performed, and services cannot be provided if the consumer does not provide personal data.1288 This is when a consumer pays with a credit card for a product available on an online marketplace and requests its delivery to their home address.1289 In this case, Article (6)(1)(b) GDPR allows the online marketplace to process the consumer’s card details and address based on this clause.1290 On May 25, 2018, when the GDPR came into force with strengthened requirements for consent, Meta updated its terms and conditions, stating that it processed the consumer personal data under Article 6(1)(b) GDPR because such data was necessary to perform “core service” of Meta’s platforms (Facebook, Instagram), now framed as “personalized experience”, including personalized advertisement.1291 On the same day, Noyb, a digital rights organization that can be said to act as the “private prosecutor” for enforcing the GDPR,1292 filed a complaint with the Austrian DPA.1293 ▇▇▇▇ argued that ▇▇▇▇ attempted to bypass the GDPR’s strict consent requirements and engaged in illegitimate OBA.1294 As Meta’s EU head office is located in Ireland, the Austrian DPA transferred the case to the Irish DPA.1295 1286 See Digital Content Directive, supra note 940, rec. 24. 1287 General Data Protection Regulation, supra note 44 at art 6(1)(b). 1288 EUROPEAN DATA PROTECTION BOARD, Guidelines 2/2019 on the Processing of Personal Data under Article 6(1)(b) GDPR in the Context of the Provision of Online Services to Data Subjects, 2 (2019). 1289 Id. at 35. 1290 Id. 1291 See BREAKING: Meta Prohibited from Use of Personal Data for Advertising, NOYB (2023), ▇▇▇▇▇://▇▇▇▇.▇▇/en/breaking-meta-prohibited-use-personal-data-advertising (last visited May 2, 2023). 1292 Noyb stands for “none-of-your-business”. Full name of this organization is European Center for Digital Rights. See CPDPConferences, supra note 945. 1293 See noyb, ▇▇▇▇.▇▇ Filed Complaints over “Forced Consent” against Google, Instagram, WhatsApp and Facebook, NOYB (2023), ▇▇▇▇▇://▇▇▇▇.▇▇/en/noybeu-filed-complaints-over-forced- consent-against-google-instagram-whatsapp-and-facebook (last visited May 2, 2023). 1294 See Id. 1295 Decision of the Data Protection Commission ...
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Contractual Necessity. This lawful basis applies to most of our processing activities in relation to personal data belonging to our customers/clients. It applies both during the pre-contractual stages of our relationship (when you are signing up) as well as once the contractual agreement(s) are in place. We are subject to other legal obligations other than the Data Protection Legislation, which may require us to process personal data. For example, we are required to retain information in accordance with record-keeping requirements under applicable legislation. Further we may need to carry out certain investigations, customer due diligence, and reporting for the purposes of anti-money laundering (including counterterrorist and proliferation financing) legal and/or regulatory requirements.
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Related to Contractual Necessity

  • Contractual Documents Model Performance Bond

  • Compliance with Laws and Material Contractual Obligations Each Loan Party will, and will cause each Subsidiary to, (i) comply with each Requirement of Law applicable to it or its property (including without limitation Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party, except, in each case, where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

  • SUBCONTRACTUAL RELATIONS 5.3.1 By written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities

  • CONTRACTUAL AGREEMENT This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

  • Compliance with Laws and Contractual Obligations Each Credit Party will (a) comply with and shall cause each of its Subsidiaries to comply with (i) the requirements of all applicable laws, rules, regulations and orders of any Governmental Authority (including, without limitation, laws, rules, regulations and orders relating to taxes, employer and employee contributions, securities, employee retirement and welfare benefits, environmental protection matters and employee health and safety) as now in effect and which may be imposed in the future in all jurisdictions in which any Credit Party or any of its Subsidiaries is now doing business or may hereafter be doing business and (ii) the obligations, covenants and conditions contained in all Contractual Obligations of such Credit Party or any of its Subsidiaries other than those laws, rules, regulations, orders and provisions of such Contractual Obligations the noncompliance with which could not be reasonably expected to have, either individually or in the aggregate, a Material Adverse Effect, and (b) maintain or obtain and shall cause each of its Subsidiaries to maintain or obtain all licenses, qualifications and permits now held or hereafter required to be held by such Credit Party or any of its Subsidiaries, for which the loss, suspension, revocation or failure to obtain or renew, could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect. This Section 2.1 shall not preclude any Credit Party or its Subsidiaries from contesting any taxes or other payments, if they are being diligently contested in good faith in a manner which stays enforcement thereof and if appropriate expense provisions have been recorded in conformity with GAAP, subject to Section 3.2.