# Right to erasure (‘right to be forgotten’) 17(3) — GDPR — provision context

> Focused context for a single provision (17(3)), curated from overview.legal on 2026-08-22. Canonical: https://overview.legal/laws/gdpr/art-17#par-3
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Right to erasure (‘right to be forgotten’)** (GDPR, full article: https://overview.legal/laws/gdpr/art-17).

## Provision text

### 17(3)

Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.

## Cited by (exact-provision citations)

- **CJEU - Case C 312/24 - Darashev** (case-law) — https://overview.legal/posts/158443
- **Judgment of the Court (Fifth Chamber) of 9 July 2020.#European Commission v Ireland.#Failure of a Member State to fulfil obligations — Principles governing the investigation of accidents in the maritime transport sector — Directive 2009/18/EC — Article 8(1) — Parties whose interests could conflict with the task entrusted to the investigative body — Members of the investigative body simultaneously performing other functions — Failure to provide for an independent investigative body.#Case C-257/19** (case-law) — https://overview.legal/posts/132332
- **GC - T-318/24** (case-law) — https://overview.legal/posts/122878
- **VG Stuttgart - 1 K 12737/25** (case-law) — https://overview.legal/posts/184726
- **Judgment of the Court (Grand Chamber) of 8 December 2022.#TU and RE v Google LLC.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive 95/46/EC – Article 12(b) – Point (a) of the first paragraph of Article 14 – Regulation (EU) 2016/679 – Article 17(3)(a) – Operator of an internet search engine – Research carried out on the basis of a person’s name – Displaying a l** (case-law) — https://overview.legal/posts/132301
- **Judgment of the Court (Fifth Chamber) of 9 July 2020.#European Commission v Ireland.#Failure of a Member State to fulfil obligations — Principles governing the investigation of accidents in the maritime transport sector — Directive 2009/18/EC — Article 8(1) — Parties whose interests could conflict with the task entrusted to the investigative body — Members of the investigative body simultaneously performing other functions — Failure to provide for an independent investigative body.#Case C-257/19** ¶4 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132332
- **Judgment of the Court (Grand Chamber) of 8 December 2022.#TU and RE v Google LLC.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive 95/46/EC – Article 12(b) – Point (a) of the first paragraph of Article 14 – Regulation (EU) 2016/679 – Article 17(3)(a) – Operator of an internet search engine – Research carried out on the basis of a person’s name – Displaying a l** ¶38 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132301
- **EDPB-EDPS Joint Opinion 2/2022 on the Proposal of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)** (guidance) — https://overview.legal/posts/125945
- **EDPB Annual Report 2021** (guidance) — https://overview.legal/posts/125941
- **EDPB-EDPS Joint Opinion 03/2021 on the Proposal for a regulation of the European Parliament and of the Council on European data governance (Data Governance Act)** (guidance) — https://overview.legal/posts/126050
- **EDPB Annual Report 2022** (guidance) — https://overview.legal/posts/125861
- **EDPB-EDPS Joint Opinion 03/2021 on the Proposal for a regulation of the European Parliament and of the Council on European data governance (Data Governance Act)** §187 (guidance, EDPB) — https://overview.legal/posts/126050

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-17#par-3 · 2026-08-22