Abstract
Processing is a key term in the GDPR system; essentially, the whole GDPR legal architecture is based on it, as, after all, declared in its title (“on the protection of natural persons with regard to the processing of personal data”). Hence, understanding the exact content of the term is of crucial importance. Fortunately, its definition is provided for under this Art. 4 no. 2. Rather than leaving the interpretation of this term open-ended, to follow technical developments or social context, the GDPR chose to define it in considerable detail. The first concrete result of this policy option is that establishment of this condition, in other words whether “processing” under the GDPR meaning occurs or not ought not be taken for granted, but rather needs to be explicitly examined and justified.
Original language | English |
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Title of host publication | General Data Protection Regulation: Article-by-Article Commentary |
Editors | Indra Spiecker, Vagelis Papakonstantinou, Gerrit Hornung, Paul De Hert |
Place of Publication | Baden-Baden |
Publisher | Nomos Verlagsgesellschaft |
Pages | 148-156 |
Number of pages | 9 |
ISBN (Electronic) | 9783845276984 |
ISBN (Print) | 9783848733729 |
Publication status | Published - 2023 |