Home Privacy Law GDPR Article 85 GDPR (Processing And Freedom of Expression And Information)

Article 85 GDPR (Processing And Freedom of Expression And Information)

Article 85 of GDPR: Processing And Freedom of Expression And Information

Article 85 of GDPR provides guidance to EU member states to ensure they reconcile the rights granted to data subjects with certain rights and freedoms.

Reconciliation of freedom rights (Article 85(1) GDPR)

Article 85(1) of GDPR provides that EU member states should find a balance and reconcile the rights granted to data subjects under GDPR with certain other rights such as:

  1. Freedom of expression
  2. Freedom of information
  3. Journalism purposes
  4. Academic purposes 
  5. Artistic purposes 
  6. Literacy expression 

Derogations to GDPR (Article 85(2) GDPR)

Should EU member countries need to reconcile the rights for processing of data for journalistic, academic, artistic or literary purposes, they may derogate to the following chapters of GDPR:

  1. Chapter II on the GDPR principles
  2. Chapter III on the rights of data subjects
  3. Chapter IV on data controllers and processors
  4. Chapter V on the transfer of personal data to third countries
  5. Chapter VI on the independence of the supervisory authorities
  6. Chapter VII on the cooperation and consistency mechanisms 
  7. Chapter IX on specific data processing situations

Notification to the Commission (Article 85(3) GDPR)

If EU member countries adopt derogative provisions under this Article, they must notify the Commission without delay.

Recitals applicable to Article 85 of GDPR

Relevant Recitals: 153

GDPR Regulation article-by-article overview

Read our comprehensive overview of the GDPR Regulation, article by article, where we summarize each of the 99 articles contained in GDPR to give you a complete understanding of its content.

Cited Legislation in Article 15 or relevant recitals

Charter of Fundamental Rights of the European Union

GDPR Text: Article 85 of GDPR and Relevant Recitals

GDPR Text Source: EUR-Lex

Official GDPR Text: General Data Protection Regulation 

Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)

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