GDPR Right to Erasure: How to Ask a Company to Delete
Often called the right to be forgotten, erasure is real but conditional. A clear request to the right place works best.
Under the EU's General Data Protection Regulation, people can ask a company to erase their personal data when it is no longer needed, was processed unlawfully, must be deleted to meet a legal obligation, or was based on consent that you withdrew with no other basis. The organization should respond within one month, extendable by two further months for complex cases with notice. It is generally free, and you can complain to your national data protection authority if refused.
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Europe's data protection law gives individuals a way to ask for their personal data to be deleted. People call it the right to be forgotten. The legal name is the right to erasure, and it is found in Article 17 of the GDPR.
When erasure applies
The European Data Protection Board's guide for small businesses lists the main situations in which a person can ask for erasure:
- The data is no longer needed for the purpose it was collected
- The data was processed unlawfully
- The data must be erased to meet a legal obligation
- The person withdrew consent and there is no other basis for the processing
A company can refuse in limited cases. The EDPB gives examples such as exercising the right to freedom of expression and meeting a legal obligation. Because the details depend on your case, read the regulation text on EUR-Lex or ask your national authority if you are unsure.
Time limits and cost
According to the EDPB, the organization should respond within one month. For complex or numerous requests, it can extend by two further months, provided it tells you within the first month. Requests are free. A fee or refusal is allowed only where a request is manifestly unfounded or excessive. If the organization refuses, it should tell you that you can complain to the national data protection authority and seek a judicial remedy.
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How to write a request
Keep it short and specific. Include:
- Your name and the details the company holds, such as email address and account number
- A clear statement that you are requesting erasure of your personal data under the GDPR
- The reason the data should be erased, if you know it, such as withdrawing consent
- A date by which you expect a response, referring to the one-month limit
1Find the right contact
Look in the privacy policy for a data protection officer or privacy email. A web form is fine if that is what the company offers.
2Send a dated request
Use email or a form that leaves a record. Save the confirmation.
3Prove who you are if asked
The organization may ask for information to confirm identity. Share only what is needed.
4Wait for the response
Note the one-month deadline. If you receive an extension notice, check that it came within that first month.
5Escalate if needed
If you are refused unfairly or ignored, complain to your national data protection authority.
Erasure and search engines
Asking a company to delete data is different from asking a search engine to delist a page. For results that appear when someone searches your name, see Google's right to be forgotten. Where possible, removal at the source is often more effective than delisting.
What about data brokers
Many data brokers operate outside the EU, but if they handle personal data of people in the EU, GDPR can still be relevant. Use their privacy request channels. If you are looking for a practical process for brokers, use how to opt out of data brokers yourself. In the UK the equivalent regime is covered in UK GDPR erasure requests.
Sources
- European Data Protection Board: Respect individuals' rights (Article 17 grounds, one-month deadline, fees, identity checks, complaints)
Frequently asked questions
What is the right to erasure?
It is a GDPR right to ask an organization to delete your personal data in specific situations, such as when the data is no longer needed or was processed unlawfully.
How long does a company have to respond?
According to the EDPB, one month, extendable by two further months for complex cases if the organization tells you within the first month.
Does it cost anything?
Requests are generally free. A fee or refusal is allowed only for manifestly unfounded or excessive requests.
Can a company refuse?
Yes, in limited cases. If it does, it should tell you that you can complain to the national data protection authority.
Does erasure remove my name from Google?
Not by itself. Search results are a separate matter, covered in our guide on delisting.
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