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GDPR — Table of Contents

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This provision establishes the right to erasure, commonly known as the right to be forgotten, requiring controllers to delete personal data without undue delay under specified conditions such as data no longer being necessary or consent being withdrawn. Where data have been made public, the controller must take reasonable steps to inform other controllers of the erasure request.

Art. 17 GDPR

Right to erasure (right to be forgotten)

(1.)The data subject shall have the right to obtain from the the erasure of concerning him or her without undue delay and the shall have the obligation to erase without undue delay where one of the following grounds applies: (a) the are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws on which the is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the ; (c) the data subject objects to the pursuant to Article 21(1) and there are no overriding legitimate grounds for the , or the data subject objects to the pursuant to Article 21(2); (d) the have been unlawfully processed; (e) the have to be erased for compliance with a legal obligation in Union or Member State law to which the is subject; (f) the have been collected in relation to the offer of information society services referred to in Article 8(1).
(2.)Where the has made the public and is obliged pursuant to paragraph 1 to erase the , the , taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are the that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those .
(3.)Paragraphs 1 and 2 shall not apply to the extent that is necessary: (a) for exercising the right of freedom of expression and information; (b) for compliance with a legal obligation which requires by Union or Member State law to which the is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the ; (c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3); (d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that ; or (e) for the establishment, exercise or defence of legal claims.
Source:
EUR-Lex CELEX 02016R0679-20160504
Citation:
OJ L 119, 04.05.2016, p. 1; corrected by OJ L 127, 23.05.2018, p. 2
As of:
2016-05-04
Retrieved:
2026-02-25