Art. 18 Right to restriction of processing | GDPR regulation | GDPR

This article establishes the data subject's right to restrict the processing of their personal data, rather than have it erased outright.

It sets out the specific circumstances in which this right can be invoked — such as when the accuracy of data is disputed, when processing is unlawful but the data subject prefers restriction over deletion, or when an objection under Article 21 is pending.

The article also governs what can be done with data once a restriction is in place, and requires the controller to notify the data subject before any restriction is lifted.

Important points:

Data subjects can request restriction of processing under four defined circumstances, including disputed accuracy, unlawful processing, and pending objections.
Controllers must ensure that restricted personal data is not processed beyond storage, except in narrowly defined situations such as the data subject's consent, legal claims, or important public interest.
Controllers are required to inform the data subject before lifting any restriction on processing.

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
  1. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  4. the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
1. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
1. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

Article 18 Right to restriction of processing

Relevant recitals