Logo RGPD
RGPD.click
/
  1. Home
  2. Resources
  3. Fiches
  4. Compatibility of Further Purposes (Art. 6.4)
Courses Guides Blog Resources News
Français English Nederlands
Fiche 9/54 Part I — General Introduction Intermediate Reviewed 2026-08-23

Compatibility of Further Purposes (Art. 6.4)

A subsequent processing purpose is not automatically unlawful. Article 6.4 allows reuse of personal data without fresh consent if the new purpose is compatible with the initial purpose under five stri

Open in interactive reader
⚖️ Binding Test 📋 5 Cumulative Criteria (Art. 6.4)

Compatibility of Further Purposes (Art. 6.4)

⚡ In 30 seconds

Where a processing for a purpose other than that for which the personal data have been collected is not based on consent or Union/Member State law, the controller must conduct a compatibility assessment under Article 6(4). If compatible, no new legal ground is required; if incompatible, a separate consent (Art. 6.1.a) or law is mandatory.

Criteria (Art. 6.4) Assessment Requirement
1. Link between purposes Relationship between initial collection purpose and planned further processing.
2. Collection context Relationship between data subjects and controller, and their reasonable expectations.
3. Nature of the data Whether sensitive data (Art. 9) or criminal data (Art. 10) are involved.
4. Consequences of processing Possible adverse legal, financial, or reputational impacts on individuals.
5. Appropriate safeguards Deployment of encryption, pseudonymisation, access silos, or differential privacy.
⚡ Key Takeaways
  • Further processing for archiving, scientific/historical research is deemed compatible (Art. 5.1.b & 89.1).
  • Commercial repurposing for advertising is almost never compatible without fresh consent.
  • The compatibility evaluation must be formally documented under the accountability principle.
⚠️ Common Pitfall

Bypassing the compatibility test under the pretext of 'internal service improvement' when creating entirely distinct data products.

🛠️ In Practice

Integrate a standard 5-step Art. 6.4 checklist into product change-management reviews before deploying machine learning features.

⚖️ Official Sources: Art. 6(4), 5(1)(b) GDPR · Recital 50 · WP29 Opinion 03/2013 on purpose limitation ✓ Legal review: 23 August 2026

✓ Key takeaways

  • Compatibility assessment rests on 5 cumulative criteria (links, context, nature, consequences, safeguards).
  • Further processing is valid if it stays within the data subject's reasonable expectations.
  • Consent or a statutory legal duty eliminates the need for the compatibility test.

⚠ Common pitfall: Assuming that data lawfully collected for one purpose can be freely repurposed for secondary AI training or marketing without scrutiny.

→ Actionable practice: Systematize a documented compatibility assessment before developing secondary analytics or algorithmic pipelines.

← The Concept of Processing (Art. 4.2) The Risk-Based Approach →