Reply to post: "Necessary for performance of a contract"

Who had ICANN suing a German registrar over GDPR and Whois? Congrats, it's happening

Tom Kelsall

"Necessary for performance of a contract"

Yes, there is that provision within GDPR. However; the data collected/published has to have a lawfully justifiable PURPOSE, and the PURPOSE has to have a LAWFUL BASIS FOR PROCESSING - in other words they are using circular logic to try to confuse and I don't think the Courts are that thick.

The contract you're trying to use as a Lawful Basis for Processing has to be a legally binding contract and when it isn't, any clauses which are not lawful are discarded as if they're not there; THAT much is written into Contract Law and backed up by relevant Case Law.

ICANN have been lazy and they ARE going to pay the price for that. If I as a layperson can understand this, so can they - and I hope their attempts at obfuscation and delay are rewarded with a robust legal response.

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