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Art. 22 GDPR · Chapter III: Rights of the data subject · Section 4: Right to object and automated individual decision-making

Article 22 GDPR: Automated individual decision-making, including profiling

Text as of 28 October 2026 Reviewed by Sergio Maldonado Elvira on 29 October 2026

Summary (not the official text)

The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects him or her, unless one of the exceptions in paragraph 2 applies. Where the decision is necessary for a contract or based on explicit consent, the controller must implement suitable safeguards, at least the right to obtain human intervention, to express one's point of view and to contest the decision.

Official text

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.

Paragraph 1 shall not apply if the decision:

is necessary for entering into, or performance of, a contract between the data subject and a data controller;

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

is based on the data subject's explicit consent.

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.

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.

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

Article 22 on EUR-Lex

Text as of 28 October 2026.

This is reference material, not legal advice.

Related recitals

This list is under review.

Court of Justice judgments

  • C-203/22, CK v Magistrat der Stadt Wien

    Judgment of 27 February 2025ECLI:EU:C:2025:117

    For automated decisions, 'meaningful information about the logic involved' means explaining the procedure and principles actually applied, in an understandable way; where trade secrets or third-party data are claimed, the controller must give them to the authority or court to balance.

    CURIAEUR-Lex

  • C-634/21, OQ v Land Hessen

    Judgment of 7 December 2023ECLI:EU:C:2023:957

    Automated credit scoring by a credit agency is itself an automated individual decision under Art. 22(1) where a third party, such as a bank, draws strongly on the score to decide whether to contract with the person.

    CURIAEUR-Lex

EDPB guidance

Fines

Amounts are shown in the currency in which the fine was imposed.

  • Foodinho s.r.l.: EUR 5,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 13 November 2024Appeal status: unknown

    Glovo-group delivery platform geolocated over 35,000 riders even off shift, used facial recognition for identity checks, made automated decisions (including deactivations) without safeguards, and let other group companies see rider data.

    Source: the authority

  • Deliveroo Italy s.r.l.: EUR 2,500,000

    Garante per la protezione dei dati personali, ItalyDecision of 22 July 2021Appeal status: unknown

    Food-delivery platform managed about 8,000 riders through opaque algorithms (booking and work allocation), collected excessive data including location, and lacked a DPIA and proper records.

    Source: the authority