General Data Protection Regulation

Article 4

Definitions

For the purposes of this Regulation:

(1) '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;

(2) '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;

(3) 'restriction of processing' means the marking of stored personal data with the aim of limiting their processing in the future;

(4) '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;

(5) '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;

(6) '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;

(7) '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;

(8) 'processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

(9) '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;

(10) '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;

(11) '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;

(12) '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;

(13) '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;

(14) '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;

(15) '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;

(16) 'main establishment' means:

(17) '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;

(18) '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;

(19) 'group of undertakings' means a controlling undertaking and its controlled undertakings;

(20) '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;

(21) 'supervisory authority' means an independent public authority which is established by a Member State pursuant to Article 51;

(22) 'supervisory authority concerned' means a supervisory authority which is concerned by the processing of personal data because:

(23) 'cross-border processing' means either:

(24) '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;

(25) '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 [(19)](#ntr19-L_2016119EN.01000101-E0019);

(26) '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.

Holdings

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C-313/2330 Apr 2025

Inspektorat kam Visshia sadeben savet

A court that, at the request of another judicial body, authorises a bank to disclose data on the bank accounts of judges, public prosecutors and investigating magistrates, and of their family members, to that body is not a controller.

C-710/233 Apr 2025

L. H. v Ministerstvo zdravotnictví

Under points 1 and 2 of Article 4 of Regulation 2016/679, disclosing the first name, surname, signature and contact details of a natural person representing a legal person is processing of personal data. It makes no difference that the disclosure is made solely to identify the natural person authorised to act on behalf of that legal person.

C-638/2327 Feb 2025

Amt der Tiroler Landesregierung v Datenschutzbehörde

Article 4(7) does not preclude national legislation from designating, as controller, an auxiliary administrative entity with no legal personality or legal capacity of its own, even if the legislation does not precisely specify the processing operations for which it is responsible or their purpose - provided that, first, the entity can fulfil under that legislation a controller's obligations towards data subjects regarding personal data protection and, second, that legislation determines, explicitly or implicitly, the scope of the processing for which the entity is responsible.

C-200/234 Oct 2024

Agentsia po vpisvaniyata v OL

The authority responsible for a Member State's commercial register that publishes, in that register, personal data contained in a company's constitutive instrument submitted with an application to register the company is both a 'recipient' of those data and - in so far as it makes them available to the public - a 'controller' of them within Article 4(7) and (9) of Regulation 2016/679, even where that instrument contains personal data not required by Directive 2017/1132 or by that Member State's law.

C-200/234 Oct 2024

Agentsia po vpisvaniyata v OL

The handwritten signature of a natural person is 'personal data' within the meaning of Article 4(1) of Regulation 2016/679.

C-200/234 Oct 2024

Agentsia po vpisvaniyata v OL

An opinion of a Member State supervisory authority issued under Article 58(3)(b) of Regulation 2016/679 does not by itself exempt from liability under Article 82(2) the authority responsible for maintaining that Member State's commercial register, where that authority is a 'controller' within the meaning of Article 4(7).

C-461/2211 Jul 2024

MK v WB

A former guardian who acted in a professional capacity for a person under guardianship is a 'controller' under Article 4(7) in relation to personal data about that person in the guardian's possession. Processing of those data must comply with all GDPR provisions, including Article 15.

C-604/227 Mar 2024

IAB Europe v Gegevensbeschermingsautoriteit

A string such as the TC String, which records an internet or app user's preferences about consent to the processing of their personal data by website or application providers, data brokers and advertising platforms, is personal data if it can, by reasonable means, be linked to an identifier such as the IP address of the user's device and thereby identify the user. It remains personal data in those circumstances even if the sectoral organisation holding that string cannot, without external input, access the data processed by its members under its rules or combine the string with other factors.

C-604/227 Mar 2024

IAB Europe v Gegevensbeschermingsautoriteit

A sectoral organisation is a joint controller where it offers its members a consent framework that it has established, containing binding technical rules and detailed rules on the storage and dissemination of personal data relating to that consent, and where, in the circumstances of the case, it influences the processing at issue for its own purposes and thereby determines, jointly with its members, the purposes and means of that processing. It can be a joint controller even if it does not itself have direct access to the personal data processed by its members under those rules. That joint controllership does not automatically extend to later processing by third parties, such as website or application providers, of users' preferences for targeted online advertising.

C-740/227 Mar 2024

Endemol Shine Finland Oy

Orally disclosing information about possible ongoing or completed criminal proceedings concerning a natural person is processing of personal data within Article 4(2), where that information forms part of a filing system or is intended to form part of one. In that situation, the disclosure falls within the material scope of the GDPR.

C-231/2211 Jan 2024

État belge v Autorité de protection des données

An agency or body responsible for a Member State's official journal - required under national law to publish, as they stand, official acts and documents prepared by third parties under their own responsibility and sent to it by a judicial authority for publication - may be a controller of the personal data in those acts and documents, even without legal personality, where national law determines the purposes and means of that processing.

C-340/2114 Dec 2023

VB v Natsionalna agentsia za prihodite

Unauthorised disclosure of personal data, or unauthorised access to those data by a 'third party' within the meaning of Article 4(10), is not enough by itself to show that the controller's technical and organisational measures were not 'appropriate' within the meaning of Articles 24 and 32.

C-340/2114 Dec 2023

VB v Natsionalna agentsia za prihodite

A controller is not exempt from paying compensation under Article 82(1) and (2) of Regulation 2016/679 merely because the damage was caused by unauthorised disclosure of, or access to, personal data by a 'third party' within the meaning of Article 4(10); in that case, the controller must prove that it was in no way responsible for the event that caused the damage.

C-683/215 Dec 2023

Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija

An entity that entrusted an undertaking with developing a mobile IT application and, in that context, helped determine the purposes and means of the personal-data processing carried out through that application may be a controller under Article 4(7), even if it did not itself process the data, did not expressly agree to specific processing operations or to the application being made available to the public, and did not acquire the application. That is not so if, before the application was made available to the public, the entity expressly objected to that making available and to the resulting processing of personal data.

C-683/215 Dec 2023

Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija

Two entities may be joint controllers under Article 4(7) and Article 26(1) even without an arrangement between them on the purposes and means of the processing, and even without an arrangement laying down the terms of their joint control.

C-683/215 Dec 2023

Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija

Using personal data to test a mobile application is "processing" under Article 4(2), unless the data have been made anonymous so that the data subject is not or is no longer identifiable, or the data are fictitious and do not relate to an existing natural person.

C-319/229 Nov 2023

Gesamtverband Autoteile-Handel e.V. v Scania CV AB

Article 61(1) of Regulation 2018/858, read with Article 61(4) and point 6.1 of Annex X to that regulation, imposes a 'legal obligation' under Article 6(1)(c) of Regulation 2016/679 on car manufacturers to make the VINs of the vehicles they manufacture available to independent operators acting as 'controllers' within Article 4(7) of Regulation 2016/679.

C-659/225 Oct 2023

RK v Ministerstvo zdravotnictví

Checking, through a national mobile application, whether interoperable COVID-19 vaccination, test or recovery certificates issued under Regulation 2021/953 are valid, when a Member State uses those certificates for national purposes, is 'processing' of personal data within Article 4(2).

C-252/214 Jul 2023

Meta Platforms Inc and Others v Bundeskartellamt

A dominant position in the market for online social networks does not by itself prevent users from validly consenting, within the meaning of Article 4(11) of Regulation 2016/679, under point (a) of the first subparagraph of Article 6(1) and Article 9(2)(a) of that regulation, to the operator's processing of their personal data. But dominance is an important factor in deciding whether that consent was in fact valid, in particular freely given, and the operator must prove that it was.

C-129/2127 Oct 2022

Proximus NV v Gegevensbeschermingsautoriteit

A subscriber's personal data may be included in publicly available telephone directories and directory enquiry services published by providers other than the subscriber's telephone operator only if that subscriber has given GDPR consent within the meaning of Article 4(11). That consent may be given either to the operator or to one of those providers.

C-61/1911 Nov 2020

Orange Romania SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP)

It is for the data controller to show that the data subject gave consent to the processing of personal data by active behaviour and that, beforehand, the data subject received information about all the circumstances of that processing in an intelligible and easily accessible form, using clear and plain language, so that the consequences of consent could be easily understood and the consent was given with full knowledge of the facts. A telecommunications contract clause stating that the data subject was informed of, and consented to, the collection and storage of a copy of the identity document for identification purposes does not prove valid consent where the box for that clause was ticked by the controller before signature, or where the contract terms are capable of misleading the data subject into thinking the contract cannot be concluded without that consent, or where the controller unduly affects the freedom to refuse by requiring the data subject to fill out an additional form recording that refusal.

C-673/171 Oct 2019

Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Planet49 GmbH

Consent to the storage of information, or access to information already stored, on a website user's device by cookies is not valid if it is given through a pre-checked box that the user must deselect to refuse consent.

C-673/171 Oct 2019

Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Planet49 GmbH

The rules on consent to cookies do not differ according to whether the information stored or accessed on a website user's device is personal data.