Article 18 GDPR - Right to restriction of processing

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
(a) 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;
(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) 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;
(d) 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.
2. 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.
3. 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.

Relevant Recitals

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Paragraph 1 lists four. Restriction applies while the controller verifies accuracy that the data subject has contested, where the processing is unlawful but the data subject prefers restriction to erasure, where the controller no longer needs the data but the data subject requires them for legal claims, and while the balancing test following an objection under Article 21(1) is pending.

Under paragraph 2 it may store the data, but any other processing requires the data subject's consent or must serve the establishment, exercise or defence of legal claims, the protection of the rights of another natural or legal person, or important public interests of the Union or a Member State. The data are effectively frozen rather than deleted.

Restriction preserves the data while suspending their use, whereas erasure removes them. Point (b) of paragraph 1 shows the practical value of the distinction, since a data subject facing unlawful processing may oppose erasure and choose restriction instead, for example to keep the data available as evidence.

No. Paragraph 3 requires the controller to inform a data subject who obtained restriction before the restriction is lifted, which gives the data subject an opportunity to react, for instance by seeking erasure or lodging a complaint under Article 77.

No. Point (a) of paragraph 1 confines it to a period enabling the controller to verify the accuracy of the data. Once verification is complete, the restriction ends, and the outcome determines whether rectification under Article 16 or resumed processing follows.