Texts to 22 Oct 2026

Article 24 – Automated individual decision-making, including profiling

Source
ST 13886/26, page 136 pp. 136–137
Same heading in this text
GDPR Article 22 same heading

Title kept from the law in force; this text prints none.

Changes since3 September 2026ST 12535/26, Art 24

Same wording as in the Council text of 3 September 2026. Every text of this provision

Text as printed

Changes to the law in force · Same wording since 10 June · Changes since the Commission proposal

Article 24 In every text (Article 24)

Its wording is printed below, under Article 24(1), (2) and (3).

ST 13886/26, pages 136–137

Article 24(1) In every text (Article 24(1))

1.

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, unless such processing:

(a)

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

(b)

is authorised by Union 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

(c)

is based on the data subject's explicit consent.

ST 13886/26, page 136

Article 24(2) In every text (Article 24(2))

2.

In the cases referred to in points (a) and (c) of paragraph 1, 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.

ST 13886/26, page 137

Article 24(3) In every text (Article 24(3))

3.

Decisions referred to in paragraph 1 shall not be based on special categories of personal data referred to in Article 10(1), unless point (a) or (g) of Article 10(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.

ST 13886/26, page 137