FAQEU GDPR

When does the EU GDPR require a DPIA?

A DPIA is required before processing when the planned operation is likely to result in a to people, taking account of the nature, scope, context, purposes, and use of new technologies.

This answer helps check Article 35(3) trigger cases, WP29 high-risk criteria, supervisory-authority list references, and the minimum contents of the DPIA record.

Author
Sorena AI
Published
May 9, 2026
Updated
Oct 15, 2026
Overview

Under EU GDPR Article 35, the controller must carry out a before processing where a type of processing is likely to result in a to the rights and freedoms of natural persons. The threshold check should be made per processing operation, before launch, and should leave enough evidence to explain why a DPIA was required, not required, or reused from a similar high-risk assessment.

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4 of 4 questions
Question 1

Short answer: when is a DPIA mandatory under EU GDPR Article 35?

A DPIA is mandatory when the planned processing is likely to result in a to individuals. Article 35 says the controller must assess the impact before the processing starts, especially where new technologies are used and the nature, scope, context, and purposes of the operation make the risk high.

Article 35(3) gives three cases where a DPIA is required in particular: systematic and extensive automated evaluation, including profiling, that produces legal or similarly significant effects; large-scale processing of special-category data or criminal-offence data; and large-scale systematic monitoring of a publicly accessible area.

  • Treat the controller as accountable for the DPIA threshold decision, even where a processor or vendor provides inputs.
  • Run the threshold check before launch and again when the risk represented by the processing changes.
  • Use one DPIA for a set of similar processing operations only where they present similar high risks.
  • If the assessment shows residual without measures to mitigate it, escalate to under Article 36.

When does the EU GDPR require a DPIA?

The EU GDPR requires a DPIA before processing when the controller plans a type of processing that is likely to result in a to people. Article 35 specifically calls out high-impact automated evaluation or profiling, large-scale processing of special-category or criminal-offence data, and large-scale systematic monitoring of publicly accessible areas.

Question 2

How should the high-risk threshold be checked?

Start with the three Article 35(3) cases, then test the broader WP29 high-risk criteria: evaluation or scoring, automated decisions with legal or similarly significant effects, systematic monitoring, sensitive or highly personal data, large scale, matched or combined datasets, vulnerable people, innovative technology or organisational solutions, and processing that prevents people from exercising a right or using a service or contract.

The criteria screen for Article 35's likely-high-risk test. WP29 says meeting two criteria will usually indicate that a DPIA is required, while some processing may require one after meeting only one criterion. A controller that concludes two or more criteria do not create likely should document its reasons and include the DPO's views where a DPO is designated.

  • Describe the processing operation, not just the product name or vendor system.
  • Record which Article 35(3) case or high-risk criteria are present, absent, or uncertain.
  • For large-scale processing, document the number or proportion of people affected, data volume and variety, duration or permanence, and geographic extent.
  • Check whether data subjects include children, employees, patients, asylum seekers, elderly people, or another group with a power imbalance or special vulnerability.
  • Escalate borderline cases where multiple criteria are present, the technology is novel, or people cannot reasonably avoid the processing.
  • Check international transfers separately under Chapter V and any applicable supervisory-authority DPIA list; a transfer is not one of the nine WP29 screening criteria by itself.
Question 3

How should supervisory-authority list references be used?

Article 35(4) requires each supervisory authority to establish and publish a list of processing operations that are subject to the DPIA requirement, and Article 35(5) allows a supervisory authority to publish a list of operations for which no DPIA is required. Use those lists as a jurisdiction-specific check only where the relevant list is actually available and applicable to the processing operation.

Do not treat a general guidance page, sector label, vendor statement, or non-applicable national list as an exemption. If a no-DPIA list is used, the decision should explain why the processing falls strictly within the listed procedure and continues to meet the relevant requirements.

  • Identify the competent supervisory authority before relying on a DPIA-required or no-DPIA list.
  • Record the list entry, the processing facts that match it, and any conditions or limits stated in the list.
  • Where processing involves several Member States or behavioural monitoring across Member States, flag that Article 35 list issues may involve GDPR consistency-mechanism considerations.
  • Verify the relevant supervisory authority's published list and record the exact entry and conditions before relying on it for the processing operation.
Question 4

What must the DPIA contain once the threshold is met?

If the threshold is met, Article 35(7) requires the DPIA to contain at least four elements: a systematic description of the envisaged processing and purposes, an assessment of necessity and proportionality, an assessment of risks to data subjects' rights and freedoms, and the measures envisaged to address those risks and demonstrate GDPR compliance.

CNIL's PIA methodology maps those elements into practical records: context and processing description; fundamental-principles analysis covering purpose, lawfulness, minimization, storage, information, rights, processors, and transfers; privacy-risk analysis; and formal validation involving DPO advice and, where appropriate, views of data subjects or their representatives.

  • Keep the nature, scope, context, purposes, personal data, recipients, retention periods, functional description, and supporting assets in the DPIA file.
  • Document necessity and proportionality against the purpose, lawful basis, data minimization, storage limits, transparency, data-subject rights, processor controls, and transfer safeguards.
  • Assess risk from the perspective of affected individuals, including severity, likelihood, risk sources, and impacts such as illegitimate access, unwanted change, or disappearance of data.
  • Record safeguards, security measures, corrective actions, residual risk, DPO advice where a DPO is designated, and views of data subjects or representatives where appropriate.
Primary sources

References and citations

eur-lex.europa.eu5 citations
Referenced sections
  • Article 35 grounds the DPIA threshold, Article 35(3) examples, supervisory-authority list mechanics, DPO and data-subject involvement, review duty, and minimum DPIA contents.
  • Article 35 sets the core DPIA threshold, timing, Article 35(3) trigger examples, review duty, and minimum DPIA content.
  • Article 35(3) names three processing cases where a DPIA is required in particular.
Show 2 more
  • Article 35(4) and 35(5) require or permit supervisory-authority lists for processing operations that do or do not require a DPIA.
  • Article 35(7) defines the minimum contents of a GDPR DPIA.
"likely to result in a high risk"
More quoted passages
"shall in particular be required"
"establish and make public a list"
"The assessment shall contain at least"
dataprotection.ie4 citations
Referenced sections
  • The DPC guidance grounds practical threshold criteria, large-scale factors, rule-of-thumb documentation, lifecycle timing, and no-DPIA list cautions.
  • The DPC guidance explains Article 35 DPIA triggers, WP29 high-risk criteria, reuse of similar DPIAs, lifecycle timing, and documentation expectations.
  • The DPC guidance lists the WP29 high-risk criteria, scale factors, and the qualified two-criteria rule of thumb.
Show 1 more
  • The DPC guidance explains that a no-DPIA list applies only where the processing falls strictly within the listed procedure and requirements.
"processing operations which meet at least two of these criteria will require a DPIA"
More quoted passages
"the more criteria are met by the processing, the more likely it is"
"falls strictly within the scope"
cnil.fr2 citations
Referenced sections
  • CNIL's PIA methodology and templates ground the recommended DPIA record structure for context, necessity and proportionality, risk treatment, stakeholder involvement, and validation.
  • CNIL's methodology and templates provide official source DPIA record categories that map to Article 35(7), DPO advice, and data-subject views.
"A systematic description of the processing is provided"
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