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Art. 5 GDPR · Chapter II: Principles

Article 5 GDPR: Principles relating to processing of personal data

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

Summary (not the official text)

Personal data must be processed lawfully, fairly and transparently, for specified purposes, limited to what is necessary, kept accurate, stored no longer than necessary and kept secure. The controller is responsible for, and must be able to demonstrate, compliance with these principles.

Official text

Personal data shall be:

processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);

adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

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 5 on EUR-Lex

Text as of 28 October 2026.

This is reference material, not legal advice.

This list is under review.

Court of Justice judgments

  • C-474/24, AR and Others v Österreichische Datenschutzbehörde and Others

    Judgment of 14 July 2026ECLI:EU:C:2026:579

    Publishing the names and sanctions of athletes who broke anti-doping rules falls within the GDPR; it is not in principle health data unless the substance or method reveals health information; national law may require publication if it allows an individual balancing and excludes recreational athletes, vulnerable persons and whistleblowers.

    CURIAEUR-Lex

  • 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.

    CURIAEUR-Lex

  • C-247/23, VP v Országos Idegenrendészeti Főigazgatóság

    Judgment of 13 March 2025ECLI:EU:C:2025:172

    A public register must rectify inaccurate data on a person's gender identity; reasonable evidence may be required, but not proof of gender reassignment surgery.

    CURIAEUR-Lex

  • C-394/23, Mousse v Commission nationale de l'informatique et des libertés (CNIL) and SNCF Connect

    Judgment of 9 January 2025ECLI:EU:C:2025:2

    Making customers state a title (Mr or Ms) to buy a train ticket is not necessary for the contract and cannot rest on legitimate interest where customers were not told of that interest, the data are not strictly necessary, or the risk of discrimination outweighs it; the right to object does not change the necessity test.

    CURIAEUR-Lex

  • C-65/23, MK v K GmbH

    Judgment of 19 December 2024ECLI:EU:C:2024:1051

    Works agreements on employee data must meet Arts. 5, 6(1) and 9 as well as Art. 88(2), and courts can fully review whether processing under them is necessary.

    CURIAEUR-Lex

  • C-446/21, Maximilian Schrems v Meta Platforms Ireland Limited

    Judgment of 4 October 2024ECLI:EU:C:2024:834

    Data minimisation prevents a social network from using all personal data it collects, on or off the platform, for targeted advertising without limits of time or type; a person who speaks publicly about their sexual orientation does not thereby allow the network to process other data about it for advertising.

    CURIAEUR-Lex

  • C-687/21, BL v MediaMarktSaturn Hagen-Iserlohn GmbH

    Judgment of 25 January 2024ECLI:EU:C:2024:72

    Staff mistakenly handing a document to the wrong person does not by itself show inadequate security measures; compensation is compensatory only; where the wrong recipient demonstrably did not read the data, a purely hypothetical risk of misuse is not damage.

    CURIAEUR-Lex

  • 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.

    CURIAEUR-Lex

  • C-340/21, VB v Natsionalna agentsia za prihodite

    Judgment of 14 December 2023ECLI:EU:C:2023:986

    A data breach by third parties does not in itself prove that security measures were inadequate; the controller bears the burden of proving appropriateness; fear of misuse after a breach can be non-material damage.

    CURIAEUR-Lex

  • C-26/22, UF and AB v Land Hessen

    Judgment of 7 December 2023ECLI:EU:C:2023:958

    Credit agencies may not keep insolvency-discharge data longer than the public register; a person who objects can obtain erasure absent overriding grounds; and supervisory authority decisions on complaints are subject to full judicial review.

    CURIAEUR-Lex

  • C-60/22, UZ v Bundesrepublik Deutschland

    Judgment of 4 May 2023ECLI:EU:C:2023:373

    A failure to conclude a joint-controller arrangement or keep a record of processing does not by itself make processing unlawful or give a right to erasure or restriction.

    CURIAEUR-Lex

  • C-268/21, Norra Stockholm Bygg AB v Per Nycander AB

    Judgment of 2 March 2023ECLI:EU:C:2023:145

    When a civil court is asked to order disclosure of a document containing third parties' personal data, the GDPR applies and the court must weigh those persons' interests, applying proportionality and data minimisation.

    CURIAEUR-Lex

  • C-77/21, Digi Távközlési és Szolgáltató Kft. v Nemzeti Adatvédelmi és Információszabadság Hatóság

    Judgment of 20 October 2022ECLI:EU:C:2022:805

    Copying customer data into a test database can be compatible further processing under Art. 6(4), but keeping the data there longer than needed for testing breaches storage limitation.

    CURIAEUR-Lex

  • C-175/20, SIA 'SS' v Valsts ieņēmumu dienests

    Judgment of 24 February 2022ECLI:EU:C:2022:124

    A tax authority that collects large amounts of personal data from a business must respect the principles in Art. 5(1); it may only derogate from them on the basis of a legislative measure under Art. 23(1).

    CURIAEUR-Lex

  • C-439/19, Proceedings brought by B

    Judgment of 22 June 2021ECLI:EU:C:2021:504

    Penalty points for traffic offences are data on criminal offences under Art. 10; the GDPR precludes a law making them publicly available without the requester showing a specific interest, or passing them on to businesses for reuse.

    CURIAEUR-Lex

Related (earlier law or other instruments)

  • 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.

    CURIAEUR-Lex

EDPB guidance

Fines

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

  • IQVIA Solutions Italy S.r.l: EUR 7,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 23 September 2026Appeal status: unknown

    Health-analytics firm treated a database of about one million GP patients as anonymous when a persistent identifier made them re-identifiable; no legal basis, no information, no DPIA, weak retention and security.

    Source: the authority

  • FREE MOBILE: EUR 27,000,000

    Commission nationale de l'informatique et des libertés (CNIL), FranceDecision of 8 January 2026Appeal status: unknown

    After an October 2024 intrusion exposed 24 million subscriber contracts (including IBANs): weak VPN authentication and poor detection, an incomplete breach notice to subscribers, and excessive retention of former subscribers' data.

    Source: the authority

  • Experian Nederland B.V.: EUR 2,700,000

    Autoriteit Persoonsgegevens (Dutch Data Protection Authority), NetherlandsDecision of 16 October 2025Appeal status: not appealed

    Credit-scoring business used personal data from many sources without a valid legal basis and did not inform the people concerned.

    Source: the authority

  • McDonald’s Polska Sp. z o.o.: PLN 16,932,657

    Prezes Urzędu Ochrony Danych Osobowych (Polish Data Protection Authority), PolandAnnounced on 21 July 2025Appeal status: unknown

    Outsourced staff scheduling without risk analysis or supervision of the processor, so employee data (names, PESEL or passport numbers, shifts) ended up in a public directory.

    Not fully confirmed: Decision date not shown on the page (announcement date used). Three fines: PLN 1,632,063 + 13,600,528 + 1,700,066. The processor was fined PLN 183,858 in total. Articles taken from the narrative; the page does not give a single list of infringed articles.

    Source: the authority

  • Luka Inc.: EUR 5,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 10 April 2025Appeal status: unknown

    AI companion chatbot ran with no identified legal basis, an inadequate privacy policy and no effective age verification despite excluding minors.

    Source: the authority

  • Netflix International B.V.: EUR 4,750,000

    Autoriteit Persoonsgegevens (Dutch Data Protection Authority), NetherlandsDecision of 26 November 2024Appeal status: unknown

    Did not tell customers clearly enough, in its privacy statement and access replies, about purposes, legal bases, recipients, retention and transfers (2018 to 2020).

    Source: the authority

  • Posti: EUR 2,400,000

    Tietosuojavaltuutetun toimisto (Office of the Data Protection Ombudsman, Finland), FinlandDecision of 13 November 2024Appeal status: unknown

    Automatically opened an OmaPosti electronic mailbox for customers, tied to other services, with a pre-ticked box and without clear information.

    Not fully confirmed: Confirmed on the EDPB news page. Fine for Art. 5 and 6(1); reprimand and order for Art. 13; instruction on Art. 25. Company name given only as 'Posti'.

    Source: the authority

  • 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

  • LinkedIn Ireland Unlimited Company: EUR 310,000,000

    Data Protection Commission (Ireland), IrelandDecision of 22 October 2024Appeal status: under appeal

    Processed members' data for behavioural analysis and targeted advertising without a valid legal basis, and without fair and clear information.

    Source: the authority

  • 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.

    Source: the authority

  • Clearview AI Inc.: EUR 30,500,000

    Autoriteit Persoonsgegevens (Dutch Data Protection Authority), NetherlandsDecision of 16 May 2024Appeal status: not appealed

    Built a facial recognition database of billions of photos, including of people in the Netherlands, without a legal basis, and did not inform people or answer access requests.

    Source: the authority

  • Enel Energia S.p.A.: EUR 79,107,101

    Garante per la protezione dei dati personali, ItalyDecision of 8 February 2024Appeal status: upheld

    Telemarketing: weak control of sales-agent access let unauthorised agencies place contracts obtained through unlawful calls into the company's systems; failures of security, accountability, privacy by design and processor contracts.

    Source: the authority

  • Amazon France Logistique: EUR 32,000,000

    Commission nationale de l'informatique et des libertés (CNIL), FranceDecision of 27 December 2023Appeal status: reduced

    Warehouse employee monitoring: scanner-based productivity indicators kept in detail for 31 days, some judged to lack a legal basis, plus poor information to temporary staff and on CCTV, and weak security.

    Source: the authority

  • EOS Matrix d.o.o.: EUR 5,470,000

    Croatian Personal Data Protection Agency (Agencija za zaštitu osobnih podataka, AZOP), CroatiaAnnounced on 5 October 2023Appeal status: unknown

    Debt collector could not protect or explain a leak from its main database, processed non-debtors' data and debtors' health data with no legal basis, and recorded calls without a legal basis or clear notice.

    Source: the authority

  • TikTok Technology Limited: EUR 345,000,000

    Data Protection Commission (Ireland), IrelandDecision of 1 September 2023Appeal status: under appeal

    Child users' accounts were public by default, 'Family Pairing' was weak, and children were not told clearly about the settings; the EDPB added a fairness ('dark patterns') finding.

    Source: the authority

  • Meta Platforms Ireland Limited: EUR 210,000,000

    Data Protection Commission (Ireland), IrelandDecision of 31 December 2022Appeal status: under appeal

    Facebook relied on 'contract' as the legal basis for behavioural advertising and was not transparent about its legal bases.

    Source: the authority

  • Meta Platforms Ireland Limited: EUR 180,000,000

    Data Protection Commission (Ireland), IrelandDecision of 31 December 2022Appeal status: under appeal

    Instagram relied on 'contract' as the legal basis for behavioural advertising and was not transparent about its legal bases.

    Source: the authority

  • Meta Platforms Ireland Limited: EUR 405,000,000

    Data Protection Commission (Ireland), IrelandDecision of 2 September 2022Appeal status: under appeal

    Instagram let 13 to 17 year olds run business accounts that published their phone numbers or emails, and set child accounts to public by default.

    Source: the authority

  • Clearview AI, Inc: EUR 20,000,000

    Hellenic Data Protection Authority, GreeceDecision of 13 July 2022Appeal status: unknown

    Facial recognition company processed people's images in Greece unlawfully, without transparency, ignored an access request and had no EU representative.

    Source: the authority

  • Minister van Financiën (controller for the Belastingdienst, Dutch Tax Administration): EUR 3,700,000

    Autoriteit Persoonsgegevens (Dutch Data Protection Authority), NetherlandsDecision of 7 April 2022Appeal status: unknown

    Kept an unlawful fraud blacklist (FSV) on about 270,000 people for over six years: no legal basis, inaccurate data, weak security, DPO not involved in the DPIA.

    Source: the authority

  • Clearview AI: EUR 20,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 10 February 2022Appeal status: unknown

    Facial-recognition firm scraped billions of facial images, including of people in Italy, with no legal basis, without transparency, and without an EU representative; ordered to delete Italian data and stop collecting it.

    Source: the authority

  • IAB Europe: EUR 250,000

    Autorité de protection des données / Gegevensbeschermingsautoriteit (Belgium), BelgiumDecision of 2 February 2022Appeal status: upheld

    The ad-industry Transparency and Consent Framework processed users' preference strings without a legal basis, with vague information, weak safeguards, no records, no DPIA and no DPO.

    Source: the authority

  • WhatsApp Ireland Ltd: EUR 225,000,000

    Data Protection Commission (Ireland), IrelandDecision of 20 August 2021Appeal status: under appeal

    Did not tell users and non-users clearly enough how their data was processed, including sharing with other group companies.

    Not fully confirmed: The DPC summary page tags only Articles 5 and 13 (no sub-paragraphs); the full decision also covers other transparency articles. Fine raised after EDPB binding decision 1/2021. DPC fines table: Pending Appeal.

    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

  • Carrefour France: EUR 2,250,000

    Commission nationale de l'informatique et des libertés (CNIL), FranceDecision of 18 November 2020Appeal status: unknown

    Retailer kept customer data too long, gave unclear loyalty-programme information, failed to answer access, erasure and objection requests, and had security and breach-notification failings.

    Not fully confirmed: Deliberation SAN-2020-008 of 18 November 2020 (articles and date read there; anonymised). The amount (EUR 2,250,000) and the name are confirmed in the EDPB Annual Report 2020 (https://www.edpb.europa.eu/system/files/2021-06/edpb_aar_2020_final_27.05.21.pdf), not in the operative part. The decision also found a cookie breach under Article 82 of the French Data Protection Act and a breach of Article L34-5 of the Postal and Electronic Communications Code; the GDPR findings predominate, but the single fine covers both.

    Source: the authority

  • Marriott International Inc: GBP 18,400,000

    Information Commissioner's Office (United Kingdom), United KingdomDecision of 30 October 2020Appeal status: unknown

    Starwood's systems, compromised in 2014 and later acquired by Marriott, were not detected as breached until September 2018; security of guest data was inadequate.

    Source: the authority

  • British Airways plc: GBP 20,000,000

    Information Commissioner's Office (United Kingdom), United KingdomDecision of 16 October 2020Appeal status: unknown

    An attacker used compromised remote-access credentials and altered a script on the airline's website to send customers' card data to an outside domain (22 June to 5 September 2018).

    Source: the authority

  • Google LLC: SEK 75,000,000

    Integritetsskyddsmyndigheten (Swedish Authority for Privacy Protection), SwedenDecision of 10 March 2020Appeal status: reduced

    Failed to remove search results in time under the right to be forgotten, and told website owners about removals, which discouraged people from asking.

    Source: the authority

  • TIM S.p.A.: EUR 27,802,946

    Garante per la protezione dei dati personali, ItalyDecision of 15 January 2020Appeal status: unknown

    Aggressive telemarketing: calls to people who had refused or were on internal block lists, marketing without valid consent, and weak control of call-centre partners.

    Not fully confirmed: Amount, date and name read in the decision (register no. 7 of 15 January 2020). Articles listed are those the decision states for its main finding (section 3.1, which also cites Article 130 of the Italian Code); later sections discuss further provisions (e.g. Articles 12 and 21), so the list may be incomplete.

    Source: the authority

  • Deutsche Wohnen SE: EUR 14,500,000

    Berlin Commissioner for Data Protection and Freedom of Information (BlnBDI), GermanyDecision of 30 October 2019Appeal status: reduced

    Property company kept years-old tenant documents (pay slips, bank statements, tax and health-insurance data) in an archive system with no means of deleting data no longer needed.

    Source: the authority