b) performance of a contract

1 pending referral

Referral C-214/25 (Your personal driver – II, 19 Mar 2025)

1 preliminary ruling

Judgment of 9 Jan 2025, C-394/23 (Mousse)

Points (b) and (f) of the first subparagraph of Article 6(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read in conjunction with Article 5(1)(c) of that regulation, must be interpreted as meaning that – the processing of personal data relating to the title of the customers of a transport undertaking, the purpose of which is to personalise the commercial communication based on their gender identity, does not appear to be either objectively indispensable or essential to enable the proper performance of a contract and, therefore, cannot be regarded as necessary for the performance of that contract; – the processing of personal data relating to the title of the customers of a transport undertaking, the purpose of which is to personalise the commercial communication based on their gender identity, cannot be regarded as necessary for the purposes of the legitimate interests pursued by the controller or by a third party, where: – those customers were not informed of the legitimate interest pursued when those data were collected; or – that processing is not carried out only in so far as is strictly necessary for the attainment of that legitimate interest; or – in the light of all the relevant circumstances, the fundamental freedoms and rights of those customers can prevail over that legitimate interest, in particular because of a risk of discrimination on grounds of gender identity.  

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