Law No. 1/03 of March 10, 2026 on the Protection of Personal Data, automated decisions
Loi n°1/03 du 10 mars 2026, articles 19-20 (décisions automatisées)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Prohibition
As of .
What it requires
- Tell a person that a decision with legal effects or significant effects on them is automated and explain the underlying logic in clear and simple terms, and where processing only assists a human decision, describe the human decision-maker's own contribution, including the methods and criteria used.
- Take an automated decision with legal effects or significant effects on a person only where legislation or regulation provides for it with appropriate safeguards, the person consents, or it is strictly necessary to conclude or perform a contract with the person, and give individual reasons for it.
- Let the person have the decision reformulated by inviting their written observations and having a human take a new reasoned decision that entirely replaces the first.
These lines are LexLint's reading of the law's text, as of .
What this law does
Article 19 requires a controller to tell a person that a decision with legal effects or significant effects on the person is automated and to explain the underlying logic in clear and simple terms, and, where the processing merely assists a human decision, to describe the human decision-maker's own contribution, in particular the methods and criteria used.
Article 20 permits an automated decision with legal effects or significant effects only where an act of legislation or regulation provides for it with appropriate safeguards, the person consents, or it is strictly necessary to conclude or perform a contract between the person and the controller.
Where an automated decision is permitted, Article 20 requires individual reasons, and it gives the person the right to have the decision reformulated: the person may submit written observations and a human takes a new reasoned decision that entirely replaces the first. Under Article 55 the law entered into force on the day of its promulgation, .
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.