Skip to content
Case Law · CJEU EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

CJEU: Member States cannot add lawful grounds for data processing beyond Directive 95/46

Valid purposes for processing: EU data protection law sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as lawful.

Original title: ASOCIACION NACIONAL DE ESTABLECIMIENTOS FINANCIEROS DE CREDITO (ASNEF) AND FEDERACION DE COMERCIO ELECTRONICO Y MARKETING DIRECTO (FECEMD) V. ADMINISTRACION DEL ESTADO, 24.Nov.2011 (“ASNEF”)

Judgment

legal ground
Summary

Member States cannot add new principles relating to the lawfulness of processing or impose additional requirements. (¶¶ 29-32)

Full text

summary
Valid purposes for processing: EU data protection law sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as lawful. Member States cannot add new principles relating to the lawfulness of processing or impose additional requirements. (¶¶ 29-32)
¶29 excerpt
Accordingly, it has been held that the harmonisation of those national laws is not limited to minimal harmonisation but amounts to harmonisation which is generally complete. It is upon that view that Directive 95/46 is intended to ensure free movement of personal data while guaranteeing a high level of protection for the rights and interests of the individuals to whom such data relate (Lindqvist, paragraph 96).
¶30 excerpt
Consequently, it follows from the objective of ensuring an equivalent level of protection in all Member States that Article 7 of Directive 95/46 sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as being lawful.
¶31 excerpt
That interpretation is corroborated by the term ‘may be processed only if’ and its juxtaposition with ‘or’ contained in Article 7 of Directive 95/46, which demonstrate the exhaustive and restrictive nature of the list appearing in that article.
¶32 excerpt
It follows that Member States cannot add new principles relating to the lawfulness of the processing of personal data to Article 7 of Directive 95/46 or impose additional requirements that have the effect of amending the scope of one of the six principles provided for in Article 7.

GDPR Articles Cited (1)

How it connects