Hael
Book a meeting
GDPR Article 22 · Practice

GDPR Article 22 compliance checklist

Hael · Updated 6 July 2026 · 6 min read
Key takeaway
Find the solely-automated significant decisions you make, confirm each rests on contract, law, or explicit consent, and wire in the safeguards: human intervention, an explanation of the logic, and a route to contest. Where the data is special-category, meet the higher bar. Document all of it.
  • Step 1 — inventory the solely-automated significant decisions, including scores you buy in.
  • Step 2 — confirm each rests on contract, law, or explicit consent, or redesign the process.
  • Step 3 — wire in genuine human intervention, meaningful information, and a route to contest.
  • Step 4 — document decisions, bases and safeguards, and keep the record current.
  • General information, not legal advice. Current as of July 2026.

Step 1: find the decisions

Inventory every process where an automated system produces an output that significantly affects a person, credit, hiring, insurance, eligibility, pricing that gates access, and mark those made without meaningful human involvement. Include scores you buy in and rely on, not only ones you build, because reliance can bring you within Article 22.

Step 2: confirm a lawful basis

Each solely-automated significant decision must rest on one of three bases: necessity for a contract, authorisation by EU or member-state law, or the individual's explicit consent. If none applies, the decision is prohibited as it stands and must be redesigned, either by adding meaningful human involvement or by changing the basis.

Step 3: wire in the safeguards

For contract and consent bases, provide a genuine right to human intervention by someone with authority to change the outcome, a way for the individual to express their view, and a route to contest the decision. Give meaningful information about the logic involved and the consequences, in terms a person can act on. Where special-category data is used, ensure the stricter conditions are met.

Step 4: document and maintain

Record the decisions, their bases, and their safeguards, and keep the record current as systems change, mirroring the transparency duties the SCHUFA ruling underlined. Regulators are actively examining profiling transparency under the EDPB's 2026 enforcement framework, so treat these records as something you may need to produce, not file away.

Key terms

Decision inventory
A live list of the processes where automated outputs significantly affect people.
Lawful basis
One of contract necessity, legal authorisation, or explicit consent under Article 22(2).
Human intervention
Review by a person with genuine authority to change the outcome.
Meaningful information
An explanation of the logic and consequences the individual can act on.
Special-category data
Sensitive personal data (health, ethnicity, biometrics, etc.) attracting a stricter Article 22 bar.

References

Related guides

Keep reading.

Free check

See where you stand on GDPR for AI, free.

Answer a short set of questions and see what GDPR for AI expects of your AI systems and where you stand today. No sign-up to see your result.

Applicability

Whether GDPR for AI applies to how you use AI, and to which systems.

What is expected

Risk classification, governance, documentation and human oversight.

Where you stand

A banded result, pointed at the gaps that matter most.

What you get

On screen in about five minutes, pre-scoped to GDPR for AI.

Or speak to us about your deadline. Book a meeting.