ntr31-C_2021525EN.01000101-E0031
COMMISSION NOTICE Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights · European Union
(31) The EDPB guidelines (October 2019) about the application of Article 6(1)(b) of the GDPR confirm the earlier position of WP29 regarding the previous Directive 95/46/EC that ‘necessary for the performance of a contract with the data subject’: … must be interpreted strictly and does not cover situations where the processing is not genuinely necessary for the performance of a contract, but rather unilaterally imposed on the data subject by the controller. Also the fact that some processing is covered by a contract does not automatically mean that the processing is necessary for its performance.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.