Skip to the text
Text as of 24 May 2016 · Consolidated version of 4 May 2016 · Same wording as today’s text.Today’s text

Article 22 — Automated individual decision-making, including profiling

Consumer protectionLevel 1RegulationGDPRApplies from 25 May 2018Official source

22(1)

1.The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

Copy link
22(2)

2.Paragraph 1 shall not apply if the decision:

Copy link
22(2)(a)
(a)is necessary for entering into, or performance of, a contract between the data subject and a data controller;
Copy link
22(2)(b)
(b)is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
Copy link
22(2)(c)
(c)is based on the data subject's explicit consent.
Copy link
22(3)

3.In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

Copy link
22(4)

4.Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.

Copy link