GermanyHow Does the GDPR Right to Erasure Work in Germany?
In Germany, the GDPR right to erasure (Art. 17) applies directly and is supplemented by the BDSG for public-sector processing; controllers must delete personal data without undue delay if statutory grounds apply.
What the Law Says
The right to erasure—commonly called the 'right to be forgotten'—is enshrined in Article 17 of the General Data Protection Regulation (GDPR), which has direct effect in Germany as the DSGVO (Datenschutz-Grundverordnung). It is further specified for German public authorities and certain domestic processing scenarios under Sections 35–36 of the Bundesdatenschutzgesetz (BDSG).
Under Art. 17(1) DSGVO, data subjects may request erasure of their personal data where, for example, the data is no longer necessary for its original purpose, consent is withdrawn and no other legal basis exists, or the data was processed unlawfully. Additional triggers include objections to processing (Art. 21) or erasure obligations following a successful right to restriction (Art. 18).
Crucially, Art. 17(3) DSGVO lists six statutory exceptions—such as compliance with legal obligations (e.g., tax retention periods under § 147 AO), exercising the right of freedom of expression (Art. 85 DSGVO), or archiving in the public interest—where erasure does not apply. The BDSG does not broaden these exceptions but clarifies application in federal administrative contexts (e.g., § 35 BDSG for official registers).
Statutory TextThe controller shall erase personal data without undue delay where one of the grounds in paragraph 1 applies.
— DSGVO, Art. 17(2)
Statutory TextProcessing for archiving purposes in the public interest, scientific or historical research purposes… shall not be subject to the right to erasure.
— DSGVO, Art. 17(3)(d)
What to Do
Submit a clear, identity-verifiable erasure request (in writing or electronically) to the data controller—e.g., company, social media platform, or public authority.
The controller must respond within one month (extendable by two months for complex requests under Art. 12(3) DSGVO), confirming erasure or explaining refusal with reference to Art. 17(3) exceptions.
If refused or ignored, file a complaint with the competent German supervisory authority—e.g., the LfDI Baden-Württemberg or BfDI for federal matters—and/or pursue judicial remedy before the administrative court (§ 19 VwGO).
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-05.