Art. 4 GDPR · Chapter I: General provisions
Article 4 GDPR: Definitions
Text as of 28 October 2026 Reviewed by Sergio Maldonado Elvira on 29 October 2026
Summary (not the official text)
This article defines 26 terms used throughout the Regulation, including personal data, processing, controller, processor, consent and personal data breach.
Official text
For the purposes of this Regulation:
‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
‘main establishment’ means:
as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;
‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;
‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;
‘group of undertakings’ means a controlling undertaking and its controlled undertakings;
‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;
‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;
‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because:
the controller or processor is established on the territory of the Member State of that supervisory authority;
data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
a complaint has been lodged with that supervisory authority;
‘cross-border processing’ means either:
processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (1);
‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.
Notes in the Official Journal text
- (1) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
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
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-492/23, X v Russmedia Digital SRL and Inform Media Press SRL
Judgment of 2 December 2025ECLI:EU:C:2025:935
An online marketplace operator is a controller of personal data in ads published on its site; before publication it must identify ads with sensitive data, check the advertiser is the person concerned or has explicit consent, take security measures against copying, and cannot rely on the hosting exemptions of the e-Commerce Directive for these GDPR duties.
- C-638/23, Amt der Tiroler Landesregierung v Datenschutzbehörde
Judgment of 27 February 2025ECLI:EU:C:2025:127
National law may designate as controller an administrative unit without legal personality, and need not list each processing operation, if the unit can meet a controller's duties and the law at least implicitly sets the scope of the processing.
- C-200/23, Agentsia po vpisvaniyata v OL
Judgment of 4 October 2024ECLI:EU:C:2024:827
A commercial register that publishes company documents is a controller and recipient of the personal data in them; it cannot refuse erasure of unrequired data; loss of control can be non-material damage.
- C-182/22, JU and SO v Scalable Capital GmbH
Judgment of 20 June 2024ECLI:EU:C:2024:531
Damages under Art. 82 are purely compensatory; non-material damage from a breach is not by nature less significant than physical injury; small damage may receive small compensation; 'identity theft' requires actual misuse of identity.
- C-604/22, IAB Europe v Gegevensbeschermingsautoriteit
Judgment of 7 March 2024ECLI:EU:C:2024:214
A consent string recording a user's ad-tracking choices is personal data where it can reasonably be linked to an identifier such as an IP address; a sector body that sets binding rules for such strings can be a joint controller even without access to the data, but not automatically for later ad processing by others.
- C-231/22, État belge v Autorité de protection des données
Judgment of 11 January 2024ECLI:EU:C:2024:7
A body that runs a national official journal can be a controller of the personal data in what it publishes, even without legal personality, where national law sets the purposes and means; it may be responsible jointly with the bodies that send it the documents.
- C-683/21, Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija
Judgment of 5 December 2023ECLI:EU:C:2023:949
A body that commissioned an app and helped decide its purposes and means can be a controller without processing the data itself; joint control needs no formal arrangement; using real personal data to test software is processing; and a fine requires intent or negligence and can cover processing done by a processor on the controller's behalf.
- C-319/22, Gesamtverband Autoteile-Handel e.V. v Scania CV AB
Judgment of 9 November 2023ECLI:EU:C:2023:837
Vehicle-type rules create a legal obligation (Art. 6(1)(c)) on car manufacturers to make vehicle identification numbers available to independent operators as controllers; the Court also explained that a VIN can be personal data for someone who can reasonably link it to the vehicle's keeper.
- C-659/22, RK v Ministerstvo zdravotnictví
Judgment of 5 October 2023ECLI:EU:C:2023:745
Checking the validity of COVID certificates with a national mobile app is 'processing' of personal data, even when no data are stored.
- C-61/19, Orange Romania SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP)
Judgment of 11 November 2020ECLI:EU:C:2020:901
The controller must prove that consent was given by active behaviour after clear information; a contract with a pre-ticked box for storing ID copies does not show valid consent, nor does a form that makes refusal harder.
Related (earlier law or other instruments)
- C-413/23 P, European Data Protection Supervisor v Single Resolution Board
Judgment of 4 September 2025ECLI:EU:C:2025:645
Instrument: Regulation (EU) 2018/1725 (EU institutions; definitions mirror the GDPR)
On appeal, the Court held that pseudonymised data are not necessarily personal data for every recipient, but that the controller's duty to inform people about recipients is judged from the controller's own position at the time of collection; it set aside the General Court's judgment and sent part of the case back.
- C-129/21, Proximus NV v Gegevensbeschermingsautoriteit
Judgment of 27 October 2022ECLI:EU:C:2022:833
Instrument: GDPR together with the ePrivacy Directive
Consent to appear in phone directories, given once, covers all directory publishers; a request to be removed is an erasure request, and the controller must inform other controllers it supplied.
- C-673/17, Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Planet49 GmbH
Judgment of 1 October 2019ECLI:EU:C:2019:801
Instrument: GDPR together with the ePrivacy Directive (Art. 5(3))
A pre-ticked checkbox does not give valid consent to cookies, whether or not the data are personal data; users must be told how long cookies last and whether third parties can access them.
- C-40/17, Fashion ID GmbH & Co.KG v Verbraucherzentrale NRW eV
Judgment of 29 July 2019ECLI:EU:C:2019:629
Instrument: Directive 95/46/EC (pre-GDPR; reasoning still applied under the GDPR)
A website that embeds a social plugin is a joint controller with the plugin provider for collecting and sending visitors' data, but only for that stage; each must pursue a legitimate interest, and the site must obtain any consent and give information for the stage it controls.
- C-25/17, Proceedings brought by Tietosuojavaltuutettu
Judgment of 10 July 2018ECLI:EU:C:2018:551
Instrument: Directive 95/46/EC (pre-GDPR; reasoning still applied under the GDPR)
Notes taken by members of a religious community during door-to-door preaching are not a purely personal activity and can form a filing system; the community can be a controller jointly with its members even without access to the data.
- C-210/16, Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein GmbH
Judgment of 5 June 2018ECLI:EU:C:2018:388
Instrument: Directive 95/46/EC (pre-GDPR; reasoning still applied under the GDPR)
The administrator of a fan page on a social network is a controller jointly with the network; a supervisory authority can act against the network's local establishment in its own Member State.
- C-582/14, Patrick Breyer v Bundesrepublik Deutschland
Judgment of 19 October 2016ECLI:EU:C:2016:779
Instrument: Directive 95/46/EC (pre-GDPR; reasoning still applied under the GDPR)
A dynamic IP address held by a website operator is personal data where the operator has lawful means to identify the user with additional data held by the internet access provider; national law may not exclude legitimate interest as a basis for such processing in advance.
- C-131/12, Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González
Judgment of 13 May 2014ECLI:EU:C:2014:317
Instrument: Directive 95/46/EC (pre-GDPR; reasoning still applied under the GDPR)
A search engine operator processes personal data and is a controller for that processing; EU law applies where it has an establishment selling advertising in a Member State; and a person can ask it to remove links to information about them that is inadequate, irrelevant or no longer relevant, after a balancing of rights.
EDPB guidance
- Guidelines 02/2026 on anonymisation
EDPB 02/2026Draft for consultationFirst published 8 July 2026
Consultation open until 30 October 2026.
- Guidelines 01/2025 on pseudonymisation
EDPB 01/2025Draft for consultationFirst published 17 January 2025
Consultation closed 14 March 2025; final version not yet published.
- Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models
EDPB Opinion 28/2024FinalFirst published 18 December 2024Final version 18 December 2024
Art. 64(2) opinion; date is EDPB publication date.
- Opinion 08/2024 on valid consent in the context of consent or pay models implemented by large online platforms
EDPB Opinion 08/2024FinalFirst published 17 April 2024Final version 17 April 2024
Art. 64(2) opinion; date is EDPB publication date.
- Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority
EDPB 08/2022FinalFirst published 21 October 2022Final version 17 April 2023
Targeted update of WP29 WP244 rev.01, which it supersedes.
- Guidelines 07/2020 on the concepts of controller and processor in the GDPR
EDPB 07/2020FinalFirst published 7 September 2020Final version 7 July 2021
- Guidelines 09/2020 on relevant and reasoned objection under Regulation 2016/679
EDPB 09/2020FinalFirst published 13 October 2020Final version 9 March 2021
- Guidelines 05/2020 on consent under Regulation 2016/679
EDPB 05/2020FinalFirst published 4 May 2020Final version 4 May 2020
Supersedes WP29 WP259 rev.01. Covers children's consent under Art. 8.
- Guidelines on automated individual decision-making and profiling for the purposes of Regulation 2016/679
WP251 rev.01FinalEndorsed by the EDPB 25 May 2018
Date is the EDPB endorsement date.
Fines
Amounts are shown in the currency in which the fine was imposed.
- Meta Platforms Ireland Limited: EUR 91,000,000
Data Protection Commission (Ireland), IrelandDecision of 26 September 2024Appeal status: under appeal
Stored some Facebook users' passwords in plain text, notified the breach late and did not document it.