If you`re a business or organization that operates within the European Union, or if you deal with personal data of EU citizens, then you need to be aware of the General Data Protection Regulation (GDPR). One of the key provisions of the GDPR is the legal basis for processing personal data.
Under the GDPR, there are six lawful bases for processing personal data, one of which is the contract basis. This legal basis for processing is especially relevant for businesses that process personal data in order to fulfill a contract with an individual.
So, what does the contract basis mean and how can you ensure that your processing activities align with this legal basis?
The contract basis explained
The contract basis means that you can lawfully process personal data if it is necessary for the performance of a contract between you and the individual. In other words, you can process personal data if it is required in order to fulfill your obligations under a contract.
For example, if you run an e-commerce store, you might process personal data such as names and addresses in order to deliver goods to your customers. In this case, the processing of personal data is necessary for the performance of a contract between you and the individual.
Ensuring compliance with the contract basis
In order to ensure that your processing of personal data is compliant with the contract basis, there are a few things that you need to consider:
1. Is the processing necessary for the performance of a contract?
Make sure that you only process personal data that is necessary for the performance of a contract. This means that you should only collect and use personal data that is relevant to the services or products that you are providing.
2. Have you informed individuals about the processing of their data?
You need to be transparent about how you are processing personal data and inform individuals about what data you are collecting, why you are processing it, and how long you will keep it for.
3. Do you have a lawful basis for processing the data?
As mentioned, the contract basis is just one of six legal bases for processing personal data. You need to ensure that you have a legitimate basis for processing personal data and that it aligns with the GDPR`s requirements.
4. Are you keeping personal data secure?
Finally, you need to ensure that you are keeping personal data secure and that it is protected against unauthorized access, loss, or damage.
In summary, the contract basis is just one of several lawful bases for processing personal data under the GDPR. If you are processing personal data as part of a contract, make sure that you are doing so in compliance with the GDPR`s requirements and that you are transparent about your processing activities. By doing so, you can ensure that you are keeping personal data safe and secure while also fulfilling your obligations under any relevant contracts.