Article 18 - Right to restriction of processing

1 preliminary ruling

Judgment of 4 May 2023, C-60/22 (Bundesrepublik Deutschland)

Article 17(1)(d) and Article 18(1)(b) of 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) must be interpreted as meaning that failure by the controller to comply with the obligations laid down in Articles 26 and 30 of that regulation, which relate, respectively, to the conclusion of an arrangement determining joint responsibility for processing and to the maintenance of a record of processing activities, does not constitute unlawful processing conferring on the data subject a right to erasure or restriction of processing, where such a failure does not, as such, entail an infringement by the controller of the principle of ‘accountability’ as set out in Article 5(2) of that regulation, read in conjunction with Article 5(1)(a) and the first subparagraph of Article 6(1) thereof.

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