Article 85: Processing and freedom of expression and information
Praxikon tracks Article 85 (Processing and freedom of expression and information) under the GDPR, alongside the EU AI Act, citing the source for every statement.
Chapter IXIn force since 25-05-2018
Official text
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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.
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.
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.
Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.
Connections
What connects to Article 85 GDPR
Case law
- Legal Newsdesk Sweden: paid online publication of criminal convictions is in principle not journalism, national exemptions may not switch off the GDPR
2026-07-09 · final, Hof van Justitie van de EU (Vijfde kamer), ND tegen Legal Newsdesk Sweden AB (voorheen Garrapatica AB)