# Processing of special categories of personal data 9(2) — GDPR — provision context

> Focused context for a single provision (9(2)), curated from overview.legal on 2026-08-22. Canonical: https://overview.legal/laws/gdpr/art-9#par-2
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Processing of special categories of personal data** (GDPR, full article: https://overview.legal/laws/gdpr/art-9).

## Provision text

### 9(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.

## Cited by (exact-provision citations)

- **Judgment of the Court (Fourth Chamber) of 4 October 2024.#Maximilian Schrems v Meta Platforms Ireland Limited.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Online social networks – General terms of use relating to contracts concluded between a digital platform and a user – Personalised advertising – Article 5(1)(b) – Principle of purpos** (case-law) — https://overview.legal/posts/132159
- **Judgment of the Court (Third Chamber) of 11 January 2024.#État belge v Autorité de protection des données.#Request for a preliminary ruling from the cour d'appel de Bruxelles.#Reference for a preliminary ruling – Approximation of laws – Protection of natural persons with regard to the processing of personal data and free movement of such data (General Data Protection Regulation) – Regulation (EU) 2016/679 – Point 7 of Article 4 – Concept of ‘controller’ – Official journal of a Member State – Obl** (case-law) — https://overview.legal/posts/132274
- **Judgment of the General Court (Seventh Chamber, Extended Composition) of 3 September 2025.#Zalando SE v European Commission.#Digital services – Regulation (EU) 2022/2065 – Designation of a very large online platform – Plea of illegality – Article 33(1) and (4) of Regulation 2022/2065 – Legal certainty – Equal treatment – Proportionality – Obligation to state reasons.#Case T-348/23.** (case-law) — https://overview.legal/posts/132138
- **Judgment of the Court (Third Chamber) of 28 November 2024.#Nemzeti Adatvédelmi és Információszabadság Hatóság v UC.#Request for a preliminary ruling from the Kúria.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data and the free movement of such data – Regulation (EU) 2016/679 – Data processed when drawing up a COVID-19 certificate – Data not collected from the data subject – Information to be provided – Exception to the obligation t** (case-law) — https://overview.legal/posts/132158
- **Judgment of the Court (First Chamber) of 4 October 2024.#Agentsia po vpisvaniyata v OL.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Publication in the commercial register of a company’s constitutive instrument containing personal data – Directive (EU) 2017/1132 – Non-compulsory personal data – Lack of consent of the data subjec** (case-law) — https://overview.legal/posts/132161
- **Judgment of the Court (Fifth Chamber) of 14 March 2024.#Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala v Nemzeti Adatvédelmi és Információszabadság Hatóság.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 58(2)(d) and (g) – Powers of the supervisory authority of a Member State – Paragraph 17(1) – Right to e** (case-law) — https://overview.legal/posts/132267
- **Meta Platforms v noyb** (case-law) — https://overview.legal/posts/51484
- **Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the** (case-law) — https://overview.legal/posts/132126
- **GC and Others v CNIL** (case-law) — https://overview.legal/posts/51475
- **Judgment of the Court (First Chamber) of 27 February 2025.#CK v Magistrat der Stadt Wien.#Request for a preliminary ruling from the Verwaltungsgericht Wien.#Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 15(1)(h) – Automated decision-making, including profiling – Scoring – Assessment of the creditworthiness of a natural person – Access to meaningful information about the logic involved in profiling – Verification of the accuracy of the infor** (case-law) — https://overview.legal/posts/132146
- **Google LLC v CNIL** (case-law) — https://overview.legal/posts/51476
- **Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning heal** (case-law) — https://overview.legal/posts/132276

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-9#par-2 · 2026-08-22