---
title: "Art. 85 GDPR: Processing and freedom of expression and information"
canonical: "https://dposchool.com/gdpr/article/85"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_85"
source_note: "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: "2026-10-28"
last_reviewed: "2026-10-29"
language: "en"
publisher: "DPO School"
---

Art. 85 GDPR · Chapter IX: Provisions relating to specific processing situations

# Article 85 GDPR: Processing and freedom of expression and information

Text as of 28 October 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/gdpr/about#review)

## Summary (not the official text)

Member States must reconcile by law the right to the protection of personal data with the right to freedom of expression and information, including processing for journalistic purposes and for academic, artistic or literary expression, and must provide for the exemptions or derogations from the listed chapters that are necessary for that purpose.

## Official text

### Article 85(1)

**1.** Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.

### Article 85(2)

**2.** For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.

### Article 85(3)

**3.** Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.

## Source

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 85 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_85)

Text as of 28 October 2026.

This is reference material, not legal advice.

## Related recitals

This list is under review.

- [Recital 153](https://dposchool.com/gdpr/recital/153)

## Court of Justice judgments

### [C-199/24, ND v Legal Newsdesk Sweden AB, anciennement Garrapatica AB](https://dposchool.com/gdpr/case/c-199-24)

Judgment of 9 July 2026 · ECLI:EU:C:2026:564

Member States cannot use Art. 85(1) to create derogations beyond those allowed by Art. 85(2) for processing that is not journalistic, academic, artistic or literary.

[CURIA](https://curia.europa.eu/juris/liste.jsf?num=C-199/24&language=en) · [EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62024CJ0199)

## Navigation

[GDPR Navigator](https://dposchool.com/gdpr) / [Chapter IX](https://dposchool.com/gdpr/chapter/9) / Article 85

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