Recital (GDPR)
Definition
Explanatory preamble paragraphs in the GDPR that provide context, rationale, and interpretive guidance for the regulation's articles, though they are not legally binding themselves. The GDPR contains 173 recitals explaining the regulation's purpose, scope, and intended application. While articles contain the enforceable legal requirements, recitals help courts, regulators, and practitioners interpret ambiguous provisions and understand legislative intent. For example, Recital 26 explains when information is truly anonymous, and Recital 47 clarifies legitimate interests balancing. When disputes arise about GDPR interpretation, data protection authorities and courts frequently reference recitals to determine the regulation's meaning. Privacy professionals should consult relevant recitals when implementing GDPR requirements or defending compliance positions, as they provide valuable interpretive context that can influence regulatory decisions and legal outcomes.
Applicable Laws & Regulations
- 1GDPR Recitals 1-173