EU General Data Protection Regulation (GDPR) 2016/679 Article 22 - Automated Individual Decision-Making Including Profiling: Right Not to Be Subject to Solely Automated Decisions

What EU General Data Protection Regulation (GDPR) 2016/679 Article 22 - Automated Individual Decision-Making Including Profiling: Right Not to Be Subject to Solely Automated Decisions requires

Organizations deploying automated decision systems that produce legal or similarly significant effects on individuals must either invoke a valid Article 22(2) exception (contract necessity, legal authorization, or explicit consent) or cease the automated processing. Where exceptions apply, human review mechanisms and the right to contest must be implemented. Automated processing of special category data is prohibited unless Article 9(2)(a) or (g) also applies.

Pillar: Data Protection & Privacy · Authority: European Parliament and Council of the European Union · Version: 1.0.0 · Last updated: 2026-05-09

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679

SHA-256 integrity: 33187164bee712247be7fd0520120fc912b175c455876c3bc80761990e587c4a

Primary Citations — 6 traced to source

• Article 22(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.
• Article 22(2): Paragraph 1 shall not apply if the decision: (a) is necessary for the entering into, or performance of, a contract between the data subject and a data controller; (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 (c) is based on the data subject's explicit consent.

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