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EU regulatory register · GDPR

Article 23Restrictions

CELEX 32016R0679 · Read on 2026-08-18 · Chapter III

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Short answer

1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a …

Verbatim from the article. Source: NovaCopilot · https://legal.exploreworldai.com/eu/rattsakter/gdpr-2016-679/artikel-23 · Short answer as data · Official text

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:

(a)

national security;

(b)

defence;

(c)

public security;

(d)

the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;

(e)

other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security;

(f)

the protection of judicial independence and judicial proceedings;

(g)

The article continues in the official text.

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Follow-up questions

Other articles in this chapter

Judgments of the Court of Justice

3 decisions

  • C-247/23Court of Justice of the European Union

    VP v Országos Idegenrendészeti Főigazgatóság

    Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(d) – Principle of accuracy – Article 16 – Right to rectification – Article 23 – Restrictions – Data relating to gender identity – Data incorrect from the time of inclusion in a public register – Means of proof – Administrative practice of requesting proof of gender reassignment surgery.

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  • C-33/22Court of Justice of the European Union

    Österreichische Datenschutzbehörde v WK

    Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Article 16 TFEU – Regulation (EU) 2016/679 – Article 2(2)(a) – Scope – Exclusions – Activities which fall outside the scope of Union law – Article 4(2) TEU – Activities concerning national security – Committee of inquiry set up by the parliament of a Member State – Article 23(1)(a) and (h), Articles 51 and 55 of Regulation (EU) 2016/679 – Competence of the supervisory authority responsible for data protection – Article 77 – Right to lodge a complaint with a supervisory authority – Direct effect.

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  • C-307/22Court of Justice of the European Union

    FT v DW

    Reference for a preliminary ruling – Processing of personal data – Regulation (EU) 2016/679 – Articles 12, 15 and 23 – Data subject’s right of access to his or her data undergoing processing – Right to obtain a first copy of those data free of charge – Processing of a patient’s data by his or her medical practitioner – Medical records – Reasons for the request for access – Use of data for the purpose of triggering the liability of the person providing treatment – Concept of ‘copy’.

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Judgments applying this article

28 judgments in the register cite the article in their text. SE 1 · EU 17 · DE 10

Source: NovaCopilot

The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.

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