Article 4: Definitions
Praxikon tracks Article 4 (Definitions) under the GDPR, alongside the EU AI Act, citing the source for every statement.
What does Article 4 govern?
Article 4 sets out the definitions of the 26 terms on which the whole GDPR is built. It determines what personal data are (point 1), what processing is (point 2) and who the controller (point 7) and the processor (point 8) are. Terms such as consent (point 11), personal data breach (point 12) and biometric data (point 14) are also fixed here. The article exists because the rest of the Regulation only works if everyone uses the same words in the same way. Anyone who wants to know whether the GDPR applies to a situation therefore starts here: is the information personal data, and who determines the purposes and means?
Key term: Personal data: any information relating to an identified or identifiable natural person, even where identification is only possible indirectly (point 1)
Directly affects:controllerprocessordata subject
Praxikon’s reading of the text and the recitals; the official text below prevails.
Official text
Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.
What does this mean for you?
Controller
Establish for each data flow whether it involves personal data within the meaning of point 1; under recital 26 this takes into account all means reasonably likely to be used to identify someone, including an online identifier such as an IP address (recital 30). Determine whether you decide the purposes and means of the processing (point 7), because then you are the controller and the associated obligations rest on you. Record who the recipients (point 9) and third parties (point 10) are, and whether you keep data pseudonymised in line with the requirements of point 5.
Processor
You are a processor if you process personal data on behalf of a controller (point 8) and do not decide the purposes and means yourself. Check that this division of roles matches what you actually do, because as soon as you decide the purposes and means yourself, you become a controller (point 7). In a security incident, the definition in point 12 determines whether there is a personal data breach.
Data Protection Officer
Use the definitions as the test for questions from the organisation: is this personal data or not, is this profiling (point 4), are these biometric or health data (points 14 and 15)? Point out that pseudonymised data remain personal data as long as someone can be re-identified with additional information (point 5 and recital 26).
Data Subject
You are a data subject as soon as information about you can be traced back to you directly or indirectly (point 1). This also covers data that can be linked to you through a name, a number, location data or an online identifier. If an organisation says data are anonymous, nobody may still be able to link them to you by means reasonably likely to be used (recital 26).
Compliance checklist
Related recitals
In order to ensure that natural persons are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects who are in the Union by a ...
(24)The processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union should also be subject to this Regulation when it is related to the moni...
(25)Where Member State law applies by virtue of public international law, this Regulation should also apply to a controller not established in the Union, such as in a Member State's diplomatic mission or ...
(26)The principles of data protection should apply to any information concerning an identified or identifiable natural person. Personal data which have undergone pseudonymisation, which could be attribute...
(27)This Regulation does not apply to the personal data of deceased persons. Member States may provide for rules regarding the processing of personal data of deceased persons....
(28)The application of pseudonymisation to personal data can reduce the risks to the data subjects concerned and help controllers and processors to meet their data-protection obligations. The explicit int...
(29)In order to create incentives to apply pseudonymisation when processing personal data, measures of pseudonymisation should, whilst allowing general analysis, be possible within the same controller whe...
(30)Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers suc...
(31)Public authorities to which personal data are disclosed in accordance with a legal obligation for the exercise of their official mission, such as tax and customs authorities, financial investigation u...
(32)Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject's agreement to the processing of personal data relatin...
(33)It is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Therefore, data subjects should be allowed to give t...
(34)Genetic data should be defined as personal data relating to the inherited or acquired genetic characteristics of a natural person which result from the analysis of a biological sample from the natural...
(35)Personal data concerning health should include all data pertaining to the health status of a data subject which reveal information relating to the past, current or future physical or mental health sta...
(36)The main establishment of a controller in the Union should be the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data ar...
(37)A group of undertakings should cover a controlling undertaking and its controlled undertakings, whereby the controlling undertaking should be the undertaking which can exert a dominant influence over ...
Cross-references
More case law, guidelines and fines
In addition to the overview at the bottom of this page: rulings, guidelines and fines that interpret or apply this article, newest first. Each item was checked against the official source.
Case law (19)
- 4 October 2024 · C-200/23 · CJEUAgentsia po vpisvaniyata
A commercial register that publishes personal data is a controller, including for data that were not required. A handwritten signature is personal data, and a brief loss of control over data can be non-material damage.
- 7 March 2024 · C-479/22 P · CJEURegulation 2018/1725OC v Commission
A press release without a name still contains personal data if the details make the person recognisable to people around her. Decided under Regulation 2018/1725, which uses the same concepts as the GDPR.
- 7 March 2024 · C-740/22 · CJEUEndemol Shine Finland
Orally disclosing information about criminal proceedings is processing if the information is or will be in a filing system. Such data may not be disclosed to anyone without the requester showing a specific interest.
- 11 January 2024 · C-231/22 · CJEUÉtat belge (Moniteur belge)
An official journal can be a controller where national law determines the purposes and means of publication. It is then itself responsible for the Article 5 principles, unless national law creates joint responsibility.
- 5 December 2023 · C-683/21 · CJEUNacionalinis visuomenės sveikatos centras
Whoever commissions an app and helps decide purposes and means can be a controller without processing data itself. Joint controllership does not require an arrangement between the parties, and a fine requires intent or negligence.
Show 14 more
- 9 November 2023 · C-319/22 · CJEUGesamtverband Autoteile-Handel
A vehicle identification number is personal data for anyone who reasonably has the means to link it to the keeper. Manufacturers have a legal obligation to make these numbers available to independent repairers.
- 27 October 2022 · C-129/21 · CJEUProximus
Inclusion in public telephone directories requires consent within the meaning of the GDPR. A request to be removed from directories is an exercise of the right to erasure, and the directory provider must take reasonable steps to inform other providers and search engines.
- 11 November 2020 · C-61/19 · CJEUOrange Romania
The controller must show that the data subject gave active and informed consent. A box ticked by the seller in a contract does not prove that.
- 9 July 2020 · C-272/19 · CJEUVQ v Land Hessen (petitions committee)
The petitions committee of a regional parliament that determines purposes and means is a controller and falls under the GDPR, including the right of access.
- 1 October 2019 · C-673/17 · CJEUPlanet49
A pre-ticked checkbox does not give valid consent for cookies. Users must also be told how long cookies operate and whether third parties can access them.
- 29 July 2019 · C-40/17 · CJEUDirective 95/46Fashion ID
A website embedding a Facebook button is a joint controller, but only for collecting and transmitting visitor data. Consumer associations may bring proceedings on behalf of data subjects.
- 10 July 2018 · C-25/17 · CJEUDirective 95/46Jehovan todistajat
Notes taken by members of a religious community during door-to-door preaching are not a household activity and can form a filing system. The community is a joint controller with its members, even without access to the data itself.
- 5 June 2018 · C-210/16 · CJEUDirective 95/46Wirtschaftsakademie
The administrator of a Facebook fan page is a controller together with Facebook. A Member State's supervisory authority may act against the group's establishment on its territory.
- 20 December 2017 · C-434/16 · CJEUDirective 95/46Nowak
A candidate's written exam answers and the examiner's comments on them are personal data of the candidate.
- 19 October 2016 · C-582/14 · CJEUDirective 95/46Breyer
A dynamic IP address is personal data for a website operator that has legal means to have the user identified through the internet service provider. National law may not exclude the legitimate interests basis in advance.
- 17 July 2014 · C-141/12, C-372/12 · CJEUDirective 95/46YS and Others
The data about an applicant in an internal memo are personal data, but the legal analysis itself is not. For access, a full and intelligible summary of the data is enough; a copy of the document is not required.
- 13 May 2014 · C-131/12 · CJEUDirective 95/46Google Spain
A search engine processes personal data as a controller and falls under EU law through a sales establishment in a Member State. Data subjects can ask for results on their name to be removed, the origin of the right to be forgotten.
- 24 November 2011 · C-70/10 · CJEUDirective 95/46Scarlet Extended
An internet service provider cannot be required to filter all traffic preventively. The Court states that IP addresses are protected personal data because they allow users to be precisely identified.
- 6 November 2003 · C-101/01 · CJEUDirective 95/46Lindqvist
Naming people on a web page is automated processing that falls outside the household exemption; a foot injury is health data, and uploading to an EU-hosted site is not a transfer to a third country.
Guidelines and decisions (6)
- 19 November 2025 · COM(2025) 837 · European CommissionDigital Omnibus: proposal amending the GDPR
Legislative proposal that would introduce, among other things, a relative definition of personal data, breach notification only for high risk and cookie rules within the GDPR itself. It is a proposal, not law in force.
- 17 April 2024 · EDPBOpinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms
Assesses when large online platforms that let users choose between consenting to behavioural advertising and paying obtain valid, freely given consent.
- 28 March 2023 · v2.1 · EDPBGuidelines 8/2022 on identifying a controller or processor's lead supervisory authority
Describes how the main establishment, and therefore the lead supervisory authority, is determined for cross-border processing.
- 9 March 2021 · v2.0 · EDPBGuidelines 09/2020 on relevant and reasoned objection under Regulation 2016/679
Explains when an objection by a concerned supervisory authority to a draft decision of the lead authority is relevant and reasoned.
- 10 April 2014 · WP216 (Opinion 05/2014) · Article 29 Working PartyDirective 95/46Opinion 05/2014 on Anonymisation Techniques
Evaluates anonymisation techniques against the risks of singling out, linkability and inference, and stresses that pseudonymisation is not anonymisation.
Show 1 more
- 20 June 2007 · WP136 (Opinion 4/2007) · Article 29 Working PartyDirective 95/46Opinion 4/2007 on the concept of personal data
Breaks the concept of personal data down into its elements and gives examples of when information relates to an identifiable person.
Line of case lawWhat is personal data?
When does information relate to an identifiable person?
- Lindqvist (2003)A name with job or hobby on a web page is personal data.
- YS and Others (2014)The legal analysis in a file is not personal data itself, the data in it are.
- Breyer (2016)A dynamic IP address counts if you have legal means to have the user identified.
- Nowak (2017)Exam answers and examiner comments are personal data of the candidate.
- Gesamtverband Autoteile-Handel (2023)A vehicle number is personal data for anyone who can reasonably link it to the keeper.
- OC v Commission (2024)Even without a name, details can make a person recognisable.
- IAB Europe (2024)A consent string becomes personal data once it can reasonably be linked to a user.
- EDPS v SRB (2025)Pseudonymised data are not personal data for every recipient.
- Digital Omnibus: proposal amending the GDPR (2025)Proposal to write that relative approach into Article 4.
Line of case lawAnonymisation and pseudonymisation
When do data fall outside the GDPR?
- Opinion 05/2014 on Anonymisation Techniques (2014)The Article 29 Working Party tests anonymisation techniques against singling out, linkability and inference.
- Breyer (2016)Only means reasonably likely to be used count for identifiability.
- Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models (2024)An AI model trained on personal data is not anonymous by default.
- Guidelines 01/2025 on Pseudonymisation (2025)Pseudonymised data remain personal data; pseudonymisation does lower the risk.
- EDPS v SRB (2025)The Court adopts a relative approach from the recipient's side.
- Digital Omnibus: proposal amending the GDPR (2025)Proposal to write the relative approach into the law.
- Guidelines 02/2026 on Anonymisation (2026)New EDPB guidelines on anonymisation, under consultation.
Line of case lawWho is the controller?
When are you a (joint) controller?
- Google Spain (2014)A search engine is responsible for its own processing of others' publications.
- Wirtschaftsakademie (2018)A fan page administrator is responsible together with Facebook.
- Jehovan todistajat (2018)An organisation steering processing is jointly responsible, even without access to the data.
- Fashion ID (2019)Joint responsibility applies per stage of processing.
- Guidelines 07/2020 on the concepts of controller and processor in the GDPR (2021)The EDPB sets out the criteria for controller and processor.
- Nacionalinis visuomenės sveikatos centras (2023)Whoever commissions an app and sets its purposes is responsible without processing data itself.
- IAB Europe (2024)An industry body imposing a standard can be jointly responsible.
- Russmedia Digital (2025)An online marketplace is responsible for personal data in advertisements.
Line of case lawConsent and cookies
When is consent valid?
- Planet49 (2019)A pre-ticked box is not consent.
- Guidelines 05/2020 on consent under Regulation 2016/679 (2020)The EDPB: cookie walls and scrolling do not give valid consent.
- Orange Romania (2020)The controller must prove consent.
- Meta Platforms v Bundeskartellamt (2023)A dominant position does not rule out consent but weighs heavily.
- Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms (2024)Pay or consent on large platforms is usually not a free choice.
- Inteligo Media (2025)Within the ePrivacy soft opt-in no separate GDPR basis is needed.
- Digital Omnibus: proposal amending the GDPR (2025)Proposal to move cookie rules into the GDPR.
Checked on 5 November 2026
Frequently asked questions
Connections
What connects to Article 4 GDPR
Themes where this returns
Where this meets the other law
- Emotion recognition: prohibited or high-risk under the AI Act, with the GDPR alongside
applies alongside
- Profiling in the GDPR sense always makes an Annex III system high-risk
uses the definition in
The counterpart in the other law
- Article 3 AI Act: Definitions
via Profiling in the GDPR sense always makes an Annex III system high-risk
- Article 5 AI Act: Prohibited AI practices
via Emotion recognition: prohibited or high-risk under the AI Act, with the GDPR alongside
- Article 6 AI Act: Classification rules for high-risk AI systems
via Emotion recognition: prohibited or high-risk under the AI Act, with the GDPR alongside
- Article 16 AI Act: Obligations of providers of high-risk AI systems
- Article 25 AI Act: Responsibilities along the AI value chain
- Article 26 AI Act: Obligations of deployers of high-risk AI systems
- Article 50 AI Act: Transparency obligations for providers and deployers of certain AI systems
via Emotion recognition: prohibited or high-risk under the AI Act, with the GDPR alongside
Case law8 of 9
- IAB Europe: the TC String is personal data and the industry body is a joint controller
2024-03-07 · final, Hof van Justitie van de EU (Vierde kamer), IAB Europe tegen Gegevensbeschermingsautoriteit (België)
- Council of State: 600,000 euro fine for wifi tracking in Enschede stays annulled
2026-07-29 · final, Raad van State, Afdeling bestuursrechtspraak
- EDPS v SRB: pseudonymised data are not always personal data for everyone, but the information duty applies from collection
2025-09-04 · final, Hof van Justitie van de EU (Eerste kamer), Europese Toezichthouder voor gegevensbescherming (EDPS) tegen Gemeenschappelijke Afwikkelingsraad (SRB)
- Gelderland District Court: bankruptcy trustee is controller, DPA fine for unsecured hard drive cut to 58,125 euros
2025-08-07 · status not established, Rechtbank Gelderland
- Overijssel District Court revokes DPA fine for wifi tracking in Enschede
2024-02-02 · final, Rechtbank Overijssel
- Deutsche Wohnen: a fine on a legal person needs no identified natural person, but does require fault
2023-12-05 · final, Hof van Justitie van de EU (Grote kamer), Deutsche Wohnen SE tegen Staatsanwaltschaft Berlin
- Lindenapotheke: competitors may sue over GDPR breaches and pharmacy order data are health data
2024-10-04 · final, Hof van Justitie van de EU (Grote kamer), ND tegen DR (twee Duitse apothekers)
- Meta v Bundeskartellamt: competition authority may find a GDPR breach, strict conditions for legal bases behind personalised advertising
2023-07-04 · final, Hof van Justitie van de EU (Grote kamer), Meta Platforms Inc., Meta Platforms Ireland Ltd en Facebook Deutschland GmbH tegen Bundeskartellamt
Guidelines
- Guidelines 02/2026 on Anonymisation
2026-07-07 · under consultation, European Data Protection Board (EDPB)
- Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models
2024-12-17 · final, European Data Protection Board (EDPB)
- Guidelines 07/2020 on the concepts of controller and processor in the GDPR
2021-07-07 · final, European Data Protection Board (EDPB)
- Guidelines 05/2020 on consent under Regulation 2016/679
2020-05-04 · final, European Data Protection Board (EDPB)
- Dutch DPA (AP) publishes position paper on the Digital Omnibus and the AI Omnibus
2026-01-13 · final, Autoriteit Persoonsgegevens
- Guidelines 01/2025 on Pseudonymisation
2025-01-16 · under consultation, European Data Protection Board (EDPB)
- Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679
2018-05-25 · final, Article 29 Working Party, bekrachtigd door de European Data Protection Board (EDPB)
- EDPB and EDPS adopt Joint Opinion 2/2026 on the Digital Omnibus
2026-02-10 · final, European Data Protection Board en European Data Protection Supervisor
Enforcement and fines
- Coolblue fined 40,000 euros on objection for cookies without consent
2024-12-23 · status not established, Autoriteit Persoonsgegevens
Legislation in motion6 of 8
- Proposal: relative definition of personal data (Article 4(1) GDPR)
2025-11-19 · proposal, Europese Commissie
- European Parliament: joint ITRE-LIBE draft report, amendments tabled, no committee vote yet
2026-06-22 · under negotiation, Europees Parlement, commissies ITRE en LIBE (gezamenlijke commissie)
- Proposal: implementing acts on when pseudonymised data ceases to be personal data (new Article 41a GDPR)
2025-11-19 · proposal, Europese Commissie
- Council: Irish Presidency continues with a revised compromise, Antici Group 11 September 2026
2026-09-11 · under negotiation, Raad van de Europese Unie, Iers voorzitterschap
- Proposal: cookie rules move from ePrivacy to the GDPR, with new exceptions and a six-month rule (new Article 88a GDPR and Article 5(3) ePrivacy)
2025-11-19 · under negotiation, Europese Commissie
- Proposal: definition of scientific research, purpose limitation and information duty for research (Article 4(38), 5(1)(b) and 13(5) GDPR)
2025-11-19 · under negotiation, Europese Commissie