Treatment must be required to fulfill the contract with this person. Instead, if processing is necessary to maintain your business model in general, or if your terms and conditions are included for other commercial purposes beyond the provision of contract service, this legal basis does not apply and you must consider another legal basis, such as. B legitimate interests. If the contract is with a child under the age of 18, you should check to see if they have the necessary competence to enter into a contract. If you have doubts about their competence, you may want to consider another basis, such as legitimate interests, that can help you prove that the rights and interests of the child are properly considered and protected. Read our guide to children and the RGPD for more information. Second, the party who drafted the CCS is required to draw the licensee`s attention to unusual or strict conditions. In particular, the principle of unusual and strict conditions is intended to protect parties who do not wish to become familiar with the CPS. A condition that may be considered unusual and strict is not part of the contract, unless the party who drafted it draws the other party`s attention to the existence and content of the condition. An example of an unusual and strict condition in a software license agreement could be that that gives the licensee the right to update the licensee`s software so that it is impossible to copy and use certain files. Such a condition was used z.B in Microsoft Windows XP Professional`s end-user license agreement of 18.08.01. In its previous KKO 2010:33, the Supreme Court discusses the conclusion and validity of tacit contracts concluded on the basis of appeal.