Article 4(2) GDPR (processing): Commentary

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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 languageEnglish
Title of host publicationGeneral Data Protection Regulation: Article-by-Article Commentary
EditorsIndra Spiecker, Vagelis Papakonstantinou, Gerrit Hornung, Paul De Hert
Place of PublicationBaden-Baden
PublisherNomos Verlagsgesellschaft
Pages148-156
Number of pages9
ISBN (Electronic)9783845276984
ISBN (Print)9783848733729
Publication statusPublished - 2023

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