Automated decision-making (Article 22)
The prohibition on purely automated decisions with legal effect
TL;DR
An automated individual decision (Article 22) means: the decision is based solely on automated processing, WITHOUT human involvement. In high-risk cases, the safeguards in Article 22(3) apply in addition: human intervention, the right to be heard and the right to contest the decision.
What is automated decision-making (Article 22)?
Relevant examples:
- Automated credit scoring decisions
- Automated screening-out of job applicants
- Calculation of insurance tariffs
- Online advertising with personalised pricing
Practical example
An online bank rejects a loan application purely algorithmically. Article 22 is infringed — a human review is mandatory.
Frequently asked questions
Is a human in the loop enough?
Yes, where the human carries out a genuine review — not a 'rubber stamp'.
CJEU C-634/21 SCHUFA
Confirmed: scoring is an 'automated individual decision' where banks base their decisions substantially on it.
See also
Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult a qualified lawyer.