Understanding the legal bases for automated decision-making under the GDPR

Nišević, M., Sears, A. M., Fosch-Villaronga, E., & Custers, B. (2022). Understanding the legal bases for automated decision-making under the GDPR. In Research Handbook on EU Data Protection Law (pp. 435-454). Edward Elgar Publishing.

Abstract

This chapter explores the rules of the General Data Protection Regulation (GDPR) for automated decision-making (ADM) stipulated under Article 22. In doing so, this chapter briefly investigates automated decision-making systems, including the concept of ADM, in order to reveal which forms of ADM are covered by Article 22 of the GDPR. After a short clarification of the rules laid down in Article 22 of the GDPR, this chapter more closely examines the conditions required under Article 22(2)(a) and (c) of the GDPR concerning contract and consent, respectively, aiming to provide a deeper understanding of ADM’s legal bases. Finally, this chapter provides an overview of the state of current thinking in the field of European data protection law concerning issues revolving around consent and contract as adequate legal bases for ADM in an increasingly algorithmic society.