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RGPD

Article 85

Processing and freedom of expression and information

1.   Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.

2.   For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.

3.   Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.

Common Questions

Frequently Asked Questions

What does Article 85 of the GDPR require Member States to do?
It requires each Member State to reconcile, by law, the right to the protection of personal data under the Regulation with the right to freedom of expression and information. That obligation explicitly covers processing for journalistic purposes and for the purposes of academic, artistic or literary expression.
Which parts of the GDPR can national law derogate from for journalistic, academic, artistic or literary processing?

For processing carried out for those purposes, Member States must provide exemptions or derogations from seven chapters of the Regulation, if they are necessary to reconcile data protection with the freedom of expression and information:

  • Chapter II (principles)
  • Chapter III (rights of the data subject)
  • Chapter IV (controller and processor)
  • Chapter V (transfer of personal data to third countries or international organisations)
  • Chapter VI (independent supervisory authorities)
  • Chapter VII (cooperation and consistency)
  • Chapter IX (specific data processing situations)
Does Article 85 itself exempt journalists from the GDPR?

No. The article does not grant an exemption directly: it instructs Member States to provide exemptions or derogations by law, and only if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.

In practice, the exact scope of any journalistic, academic, artistic or literary exemption therefore depends on the national law of the Member State concerned.

What must Member States notify to the Commission under Article 85?
Each Member State must notify the Commission of the provisions of its law adopted under paragraph 2, meaning the exemptions or derogations it has put in place for journalistic, academic, artistic or literary processing. It must also notify, without delay, any subsequent amendment law or amendment affecting those provisions.
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