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Necessity / necessity test

Term, not defined in lawGDPR

This is not a legal definition. The word "necessary" appears frequently, including in Articles 6 and 9 of the GDPR.

The legal "necessary" as used in the GDPR is not absolute indispensability, but a test of proportionality and subsidiarity: is the aim proportionate to the disadvantages, and could the aim be achieved in a less intrusive way. Note what is actually tested: not whether a public-interest task, a contract or a legitimate interest is necessary, but whether the processing is necessary for it.

Questions about what this term means for your organisation? Contact Mr. Dr. Vlieger.