Jurisdiction(s):
European Union

EU GDPR: Profiling and Automated Decision-Making—definitions, Article 22, data subject rights, safeguards, DPIAs, children, AI and EU DSA interplay

Published by a LexisNexis EU Law expert

Practice notes

FORTHCOMING CHANGE:

This Practice Note describes the present legal landscape as currently applicable; however, be aware that aspects of it will be affected by the Digital Omnibus proposals issued on 19 November 2025 under the European Commission’s ‘simplification’ programme. For further detail, consult Practice Note: EU Digital Omnibus—tracker. In short, data protection regimes across the EEA (the EU together with Iceland, Norway, and Liechtenstein) aim to ensure information about natural persons (within the meaning of ‘personal data’) is handled fairly and responsibly. To achieve that aim, EEA data protection laws place numerous duties on those who ‘process’ personal data (and on the controllers that determine such processing). Core safeguards within EEA data protection law include limits on automated individual decision-making (that is, decisions taken by automated means, with these laws providing notable extra protections for data subjects where such decisions are made without any genuine human involvement) and on profiling (that is, automated operations performed on personal data to assess aspects relating to an individual, which may, or may not, include human involvement). This Practice Note offers guidance on profiling and automated decision-making and explains how these activities are regulated by EEA data protection law. It outlines the concepts of the...

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Web page updated on 21/05/2026

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