# Processing of special categories of personal data — GDPR — context bundle

> Focused context for a single provision, curated from overview.legal on 2026-08-22. Canonical page: https://overview.legal/laws/gdpr/art-9
> Every item cites its source. Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

## Provision

### Processing of special categories of personal data — Processing of special categories of personal data

*GDPR, gdpr-art-9-en — https://overview.legal/laws/gdpr/art-9*

1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

2. Paragraph 1 shall not apply if one of the following applies:
   a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
   b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
   c) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
   d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;
   e) processing relates to personal data which are manifestly made public by the data subject;
   f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
   g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
   h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
   i) processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
   j) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

3. Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

4. Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health.

## Enforcement

249 decision(s) on record cite Article 9, totalling approximately €79,567,156 in fines (median €13,000).

Top fines:
- **CNIL fines Amazon Europe Core €35M for placing cookies without consent** (France, €35,000,000) — https://overview.legal/posts/125659
- **Clearview Al Inc.: Non-compliance with general data processing principles** (UNITED KINGDOM, €9,000,000) — https://overview.legal/posts/47305
- **Grindr LLC: Insufficient legal basis for data processing** (NORWAY, €6,300,000) — https://overview.legal/posts/47065
- **Foodinho Srl: Non-compliance with general data processing principles** (ITALY, €5,000,000) — https://overview.legal/posts/48646
- **Portuguese National Statistical Institute: Non-compliance with general data processing principles** (PORTUGAL, €4,300,000) — https://overview.legal/posts/47639

## Guidance

### Guidelines on processing of personal data through blockchain technologies

*EDPB — https://overview.legal/posts/125668*

Guidelines 02/2025 on processing of personal data through blockchain technologies Version 2.0 Adopted on 07 July 2026 1 | Adopted Version history Version Date Adoption information version 1.1 08 April 2025 adoption of the guidelines before public consultation version 2.0 07 July 2026 adoption of the guidelines after public consultation 3 | Adopted 4 | Adopted The European Data Protection Board Having regard to Article 70 (1)(e) of the Regulation 2016/679/EU of the European Parliament and of the…

### Template for Cross-Regulatory Cooperation Agreements

*EDPB — https://overview.legal/posts/125669*

1 | Adopted Template for Cross-Regulatory Cooperation Agreements Adopted by the EDPB on July 7 th 2026 2 | Adopted Explanatory note Cross-regulatory cooperation between data protection supervisory authorities (DPAs) and other national and EU competent authorities has become increasingly important as legal and practical challenges emerge at the intersection of different regulatory fields. Cooperation agreements can be an important basis to organise and strengthen cooperation and dialogue between…

### Opinion 21/2026 on the draft decision of the Irish Supervisory Authority regarding the Controller Binding Corporate Rules of the Flutter Group

*EDPB — https://overview.legal/posts/125670*

Opinion 21/2026 on the draft decision of the Irish Supervisory Authority regarding the Controller Binding Corporate Rules of the Flutter Group Adopted on 07 July 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such…

### Opinion 20/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Fluor Group

*EDPB — https://overview.legal/posts/125671*

Opinion 20/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Fluor Group Adopted on 07 July 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such…

### Opinion 19/2026 on the draft decision of the Dutch Supervisory Authority regarding the Processor Binding Corporate Rules of the Rubrik Group

*EDPB — https://overview.legal/posts/125672*

Opinion 19/2026 on the draft decision of the Dutch Supervisory Authority regarding the Processor Binding Corporate Rules of the Rubrik Group Adopted on 08 June 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(1)(f) and Article 47 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such…

## Related topics

- **Special Categories of Data** — https://overview.legal/topics/bijzondere-persoonsgegevens
  ## Legal Framework
- **Personal Data** — https://overview.legal/topics/persoonsgegevens
  ## Legal Framework

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-9 · 2026-08-22
