GDPR compliance—rights to rectification, erasure and restriction of processing
GDPR compliance—rights to rectification, erasure and restriction of processing

The following Risk & Compliance guidance note provides comprehensive and up to date legal information covering:

  • GDPR compliance—rights to rectification, erasure and restriction of processing
  • The rights to rectification, erasure and restriction of processing and other data subject rights
  • The rights to rectification, erasure and restriction of processing—what are they and when do they apply?
  • When would a data subject choose restriction over erasure?
  • Temporary restriction of processing
  • Information requirements
  • Notification requirements
  • Complying with rectification, erasure or restriction requests
  • Compliance challenges
  • Consequences of non-compliance with the GDPR
  • more

Brexit: As of exit day (31 January 2020), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. The UK must continue to adhere to its obligations under EU law, including in relation to data protection, and the ICO has confirmed the GDPR will continue to apply during the implementation period. For more information, see: Practice Note: Brexit—implications for data protection.

The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), in force from 25 May 2018, provides for enhanced rights for data subjects in the EU in relation to access, a right to object to processing, the portability of personal data and the right not to be subject to a decision based solely on automated processing, including profiling, with strict time limits for complying.

Articles 16 to 18 of the GDPR create rights to rectification, erasure and restriction of processing.

The rectification right is broadly the same as under the pre-GDPR regime and the changes are unlikely to have any real practical impact.

A controversial right from the start, the right to erasure, or right to be forgotten, is new, as is the right to restriction of processing. Both apply in different scenarios and both have practical implications for you.

This Practice Note explains the