Understanding your situation
What you need to prepare
- ✓The decision notification (rejection letter, email, notification, or screenshot)
- ✓Name and contact details of the organization that made the decision (including their DPO if known)
- ✓Description of the decision and how it affects you
- ✓Any information the organization provided about the decision-making process
- ✓Evidence that the decision was automated (e.g., instant processing, no human contact, privacy policy mentions)
- ✓Supporting documents showing why you believe the decision is incorrect or unfair
- ✓Your identification details as known to the organization (account number, reference number, application ID)
⏰ Deadline
GDPR does not set a specific deadline for exercising Article 22 rights, but act as soon as possible after the decision. The organization must respond within one month (extendable to three months for complex requests under Article 12(3)).
🏛️ Authority
Step 1: The organization's Data Protection Officer (DPO). Step 2: Your national Data Protection Authority - UODO (Poland), BfDI (Germany), CNIL (France), AEPD (Spain), ICO (UK), Garante (Italy), AP (Netherlands), APD/GBA (Belgium), DPC (Ireland). Step 3: Courts - you have the right to judicial remedy under GDPR Article 79.
⚖️ Legal basis
GDPR Article 22(1): right not to be subject to solely automated decisions with legal/significant effects. GDPR Article 22(3): right to human intervention, to express your point of view, and to contest the decision. GDPR Article 15(1)(h): right of access to meaningful information about automated decision-making. GDPR Articles 13(2)(f) and 14(2)(g): transparency obligations. GDPR Article 77: right to lodge a complaint with a supervisory authority. GDPR Article 82: right to compensation for material or non-material damage.
Expert tips
- 1Use the exact legal language: 'Pursuant to Article 22(1) of Regulation (EU) 2016/679 (GDPR), I object to the decision of [date] as it was based solely on automated processing and produces legal effects concerning me.'
- 2Request three things explicitly: (1) human review by a qualified person with authority to change the decision, (2) meaningful information about the logic involved, (3) the opportunity to express your point of view and present additional information.
- 3The organization can only refuse your Article 22 objection if the automated decision is: (a) necessary for a contract, (b) authorized by law, or (c) based on your explicit consent. Even then, you retain the right to human intervention.
- 4If the organization does not respond within one month, file a complaint with your national DPA. Include your original letter, proof of delivery, and the response (or lack thereof).
- 5GDPR Article 82 gives you the right to compensation for both material and non-material damage. Mention this if the automated decision caused you measurable harm.
- 6Keep your letter factual and professional. Focus on the legal rights, the specific decision, and the specific information you are requesting.
