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CJEU: The Rating of a Natural Person’s Creditworthiness by a Credit Rating Agency Constitutes Profiling and Can Be an Automated Decision under Article 22 GDPR

Jan Horstmann


Keywords: ADM, profiling, credit scoring, automated decision-making

Case C-634/21 OQ v Land Hessen (Scoring), Judgment of the Court of Justice of the European Union (First Chamber) of 7 December 2023
Article 22 (1) of Regulation (EU) 2016/679 (General Data Protection Regulation) must be interpreted as meaning that the automated establishment, by a credit information agency, of a probability value based on personal data relating to a person and concerning his or her ability to meet payment commitments in the future constitutes ‘automated individual decision-making’ within the meaning of that provision, where a third party, to which that probability value is transmitted, draws strongly on that probability value to establish, implement or terminate a contractual relationship with that person.

Jan Horstmann, Research associate, Institute for Legal Informatics, Leibniz University Hanover. For correspondence: <>.


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