Anonymous and pseudonymised data: does the new FADP apply?
By Advisorn · updated on 25 October 2026 · Art. 5 let. a, 6 para. 4 FADP, Art. 4 no. 5 and Recital 26 GDPR
In short
The FADP does not apply to anonymous data, that is data that no longer allows, with reasonable means, a person to be identified. It does apply to pseudonymised data, in which names and identifiers are replaced by a code, for whoever holds the key or can otherwise re-link it (Art. 5 let. a FADP). Anonymising is one way of meeting the duty not to keep data that is no longer needed (Art. 6 para. 4 FADP).
When data is truly anonymous
Removing the name is often not enough: date of birth, postcode and occupation together may be enough to recognise someone. All the data must be looked at together, asking who could re-link it and with what effort.
What pseudonymisation is for
Pseudonymisation reduces the risk, for example when a file is passed to a vendor that does not have the key, and it is a recognised security measure. For the business that holds the key the data remains personal, with all the duties.
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