GDPR Article 6(4): compatibility test for a new purpose (Regulation (EU) 2016/679, Art 6(4))
Before licensing, a holder that did not tell people about AI licensing has to run this five-factor test and write it down. The nearer the new purpose is to why the data was collected, and the more safeguards apply, the better the result.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia: (a) any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; (b) the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; (c) the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9”
Where it was read
Also read from the same source
- GDPR Article 5(1)(b): purpose limitation (Regulation (EU) 2016/679, Art 5(1)(b))
- GDPR Article 6(1)(f): legitimate interests as a lawful basis (Regulation (EU) 2016/679, Art 6(1)(f))
- GDPR Recital 50: further processing and the legal basis (Regulation (EU) 2016/679, recital 50)
- GDPR Article 9(1): special categories of personal data (Regulation (EU) 2016/679, Art 9(1))
- GDPR Article 13(3): telling people before a new purpose (Regulation (EU) 2016/679, Art 13(3))
- GDPR Article 14(5)(b): disproportionate effort (Regulation (EU) 2016/679, Art 14(5)(b))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in these 3 guides