Article 9Processing of special categories of personal data

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Related articles

Articles in other acts connected to this one, with the reason written against the text. The map is a route between acts, not an assessment.

• Depends on · incomingAI Act · 10

  The article on data and data governance leans on the exception for special categories of personal data where such data are needed to detect and correct bias.

  CELEX 32024R1689 · 2026-08-18

Decisions applying this article

Court, citation and the paragraphs of the reasons where the article is dealt with.

• C-252/21 · Meta Platforms med flera mot Bundeskartellamt2023-07-04

  Court of Justice of the European Union

  Whether a competition authority may examine data protection questions, and on what basis data from third-party sources may be processed.

  Paragraphs 68, 73

Judgments of the Court of Justice

4 decisions

• C-65/23Court of Justice of the European Union2024-12-19

  MK v K GmbH

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing in the context of employment – Employees’ personal data – More specific rules provided for by a Member State pursuant to that Article 88 – Obligation to comply with Article 5, Article 6(1) and Article 9(1) and (2) of that regulation – Processing on the basis of a collective agreement – Margin of discretion of the parties to the collective agreement as regards the necessity of the processing of personal data provided for by that agreement – Scope of judicial review.

• C-21/23Court of Justice of the European Union2024-10-04

  ND v DR

  Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Chapter VIII – Remedies – Medicinal products marketed by a pharmacist on an online platform – Action brought before the national civil courts by a competitor of that pharmacist on the basis of the prohibition of unfair commercial practices for infringement by the pharmacist of the obligations laid down by that regulation – Standing to bring proceedings – Article 4(15) and Article 9(1) and (2) – Directive 95/46/EC – Article 8(1) and (2) – Concept of ‘data concerning health’ – Conditions for the processing of those data.

• C-446/21Court of Justice of the European Union2024-10-04

  Maximilian Schrems v Meta Platforms Ireland Limited

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Online social networks – General terms of use relating to contracts concluded between a digital platform and a user – Personalised advertising – Article 5(1)(b) – Principle of purpose limitation – Article 5(1)(c) – Principle of data minimisation – Article 9(1) and (2) – Processing of special categories of personal data – Data concerning sexual orientation – Data which are made public by the data subject.

• C-667/21Court of Justice of the European Union2023-12-21

  ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.