5.4. Consequences of the withdrawal concerning the data

Article 13 of the CRD sets out the obligations of the trader in the event of withdrawal. Directive (EU) 2019/2161 amended that Article by introducing provisions on consequences of the right of withdrawal regarding the handling of data. These provisions are identical to Article 16(2)–(4) of the Digital Content Directive (‘DCD’). They both address consequences of the contract termination – the CRD addresses the termination of the contract under the right of withdrawal whilst the DCD addresses the termination of the contract due to the lack of conformity. The General Data Protection Regulation (GDPR) regulates the consequences of the termination of the contract as regards personal data. The new provisions of Article 13 of the CRD (and Article 16 of the DCD) address the data that the consumer uploaded or generated through the use of the digital service and which are not personal data. In particular, according to Article 13(6) of the CRD, in response to the consumer’s request, the trader has an obligation to provide the data in machine-readable format that is commonly used at the time the contract is terminated following the exercise of the right of withdrawal. If consumers exercise their right of withdrawal under the CRD (or the contract termination remedy under the DCD), it is a matter of the GDPR to assess whether the withdrawal from the contract also constitutes the withdrawal of legal basis for the processing of personal data. In many situations, it is very likely that the declaration of the consumer to exercise the right of withdrawal and to terminate the contract can be interpreted as including a withdrawal of the legal basis, including withdrawal of consent to other processing of personal data that was not necessary for the performance of the contract in the meaning of the GDPR. In this situation, the trader/controller has to assess if there is still a valid legal basis for such other processing of those personal data such as, for example, compliance with a legal obligation. In the absence of a valid legal basis, the processing should be discontinued. In addition, Directive (EU) 2019/2161 added to the CRD specific rules on the trader’s rights and consumer’s obligations in the case of withdrawal. These provisions in Articles 13(8) and 14(2a) are identical to Articles 16(5) and 17(1) of the DCD.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.