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Home/Regulation Tracker/Regulation (EU) 2016/679 (GDPR) — automated decision-making provisions

Regulation (EU) 2016/679 (GDPR) — automated decision-making provisions

Not an AI law but the rule most AI systems in Europe meet first: Article 22 limits solely automated decisions with significant effects, Article 35 requires impact assessments for high-risk profiling, and lawful-basis and transparency duties govern model training on personal data. Fines up to 4% of turnover.

gdprautomated decision-makingprofilingdata protectionarticle 22

Required actions

  • Do not subject people to decisions based solely on automated processing with legal or similarly significant effects unless an Article 22 exception applies, and provide human intervention and the right to contest - Give meaningful information about the logic involved in automated decision-making and profiling - Carry out a data protection impact assessment before high-risk processing such as systematic profiling - Identify a lawful basis for training and operating models on personal data and honour data-subject rights, including in model outputs

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