Article 17 of the GDPR: Right to Erasure ("Right to be Forgotten")

Article 17 of the GDPR Explained

The data subject may obtain the erasure of their data without undue delay if:

• The data are no longer necessary for the purposes of the processing;
• The data subject withdraws their consent (and no other legal basis justifies the processing);
• The data subject objects to the processing and there are no overriding legitimate grounds;
• The data have been unlawfully processed;
• The data must be erased for compliance with a legal obligation;
• The data were collected in the context of the offer of services to a child.

The controller must also take reasonable steps to inform third parties who have access to such data of the erasure request.

Why This Article is Important for Your GDPR Compliance

Article 17 is an emblematic right under the GDPR. It guarantees individuals enhanced control over their personal data. Non-compliance can lead to complaints to the French supervisory authority and significant administrative sanctions.

How to Comply with GDPR Article 17

• Implement a procedure for handling erasure requests.
• Verify that you can identify and delete data across all your systems (including backups, archives).
• Maintain a record of requests and decisions made.
• Inform relevant sub-processors and third parties, where data has been shared.

Examples of Application of GDPR Article 17

• A user closes their account on a platform: their data is deleted within a reasonable timeframe.
• An employee requests the deletion of their HR data after their departure, subject to legal retention obligations.
• An individual withdraws their consent to the newsletter: their email address is erased from the database.

Related Resources

• Official text of the GDPR – EUR-Lex
• Practical guides from the French supervisory authority
• European Data Protection Portal

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