Termination of the contract and the fate of personal data

Emmanuel Netter (1)

1 LBNC - Laboratoire Biens, Normes, Contrats

The subject entrusted to us supports two different interpretations. Read from left to right, it reveals first of all "the extinction of the contract", and only then "the fate of personal data". It would then be necessary to look at the question of knowing, since a convention has disappeared, what should be done with the processing of personal data for which it constituted the necessary basis. Reading the subject from right to left, on the other hand, reverses the chronology; it reverses the cause and the consequence: this time, the (bad) management of the data is the reason why the contract ended. We will therefore consider the fate of the data as the cause of the termination of the contract (I), and then the fate of the data as the consequence of the termination of the contract (II).

Mots clés: contract law; GDPR; termination of the contract; personal data

Domaines: Droit

Emmanuel Netter. Termination of the contract and the fate of personal data: Translation of an article originally published in French in AJ Contrats d'affaires - Concurrence - Distribution, October 2019, p. 416. 2019. ⟨hal-03111688v1⟩