In its January plenary session, the European Data Protection Board (EDPB) adopted new pseudonymisation guidelines. The guidelines explain how pseudonymisation can help organisations meet their obligations relating to the implementation of EU General Data Protection Regulation (GDPR) principles under Article 5, data protection by design and default under Article 25 and the security of processing under Article 32.
The guidelines provide two important legal clarifications:
- Pseudonymised data remains information related to an identifiable natural person and is, therefore, still personal data.
- Pseudonymisation can reduce risks and make it easier to use legitimate interests as a legal basis, providing all other GDPR requirements are met. Likewise, pseudonymisation can aid in securing compatibility with the original purpose (Art. 6(4) GDPR).
A public consultation on the new guidelines is open for comment until 28 February 2025.
In addition, the EDPB adopted a statement on the relationship between EU data protection and competition law.
In an update, IAPP has published a legal analysis of the guidelines by Bird & Bird International Data Protection Practice Partner and co-head Ruth Boardman and Partner Emma Drake. The analysis examines the implications of the updates, including their effect on the definition of pseudonymised data and how the technique can help address potential data protection risks.
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