Our remarks • When determining whether data qualifies as • If pseudonymized personal data is shared with personal data, it is essential to consider the a recipient who is effectively incapable of re- perspective of the data recipient. identifying the individuals, the data might be considered anonymous, thereby no longer • The ability of the data transmitter to re-identify considered personal data. the data subjects does not affect the recipient’s classification of the transmitted data as personal ° Consider what steps to take to ensure that the data and does not automatically render the data receiving party has no legal means to personal for the recipient. re-identify the data subject. In this regard, both organizational and technical measures should be considered. The less likely the receiving party is to be able to re-identify the data subjects, the more likely the data is to be considered non-personal. 143