Contractual Necessity Sample Clauses

Contractual Necessity processing of Personal Data is necessary to enter into a contract with User, to perform Company's contractual obligations to the User under the terms of Use ("TOU"), to provide the Services, to respond to requests from the User, or to provide the 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 Xxxx argued that Xxxx 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), xxxxx://xxxx.xx/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, Xxxx.Xx Filed Complaints over “Forced Consent” against Google, Instagram, WhatsApp and Facebook, NOYB (2023), xxxxx://xxxx.xx/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 ma...
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Related to Contractual Necessity

  • Contractual Documents Model Performance Bond Only for the successful tenderer: Bank X Address Performance bond n° X This performance bond is posted in the context of the Law of 17 June 2016 on public contracts and on certain works, supply and service contracts and in conformity with the General Implementing Rules (GIR) provided in the Royal Decree of 14 January 2013 establishing the general implementing rules of public contracts and the award of public works.

  • Contractual Penalty If the Contractor refuses or fails to duly complete the Assignment after the Assignment Order has been awarded to the Contractor and signed in accordance with this Agreement, the Company is entitled to request the Contractor to pay a contractual penalty in the amount of 10% (ten percent) of the Fee for the respective Assignment. Should the Contractor fail to meet any of the milestones or delivery dates under any of the Assignment Orders and provided that the cause of such delay is attributable to the action or inaction of the Contractor, the Company is entitled to request the Contractor to pay to the Company a contractual penalty of 0.1% (zero point one percent) of the amount of the Fee payable for the respective Assignment for each day of delay, provided that each such contractual penalty shall not exceed 10% (ten percent) of the Fee payable for the respective Assignment. Should the Company delay any payment in accordance with Clause 5.7, the Contractor is entitled to request the Company to pay a contractual penalty in the amount of 0.1% (zero point one percent) from the delayed amount for each day of delay, provided that the total amount of such contractual penalty payable by the Company under this Clause 13.2.3 shall not exceed 10% (ten percent) of the delayed amount. The contractual penalties shall be applied upon the sole discretion of the entitled Party under the Agreement considering the material consequences of the breach. Payment of the contractual penalty shall not release the Party from performance of any of its obligations under the Agreement. FORCE MAJEURE

  • Contractual Liability Liability for payments under the Plan shall be the responsibility of the:

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