Data storage
1. For the purposes of Article 15(1), each dataset relating to an applicant for international protection recorded in accordance with Article 17, shall be stored in Eurodac for ten years from the date on which the biometric data were transmitted.
2. The biometric data referred to in Article 18(1) shall not be recorded in Eurodac.
3. For the purposes of Article 18(2), each dataset recorded in accordance with Article 19 relating to a third-country national or stateless person as referred to in Article 18(2), point (a), shall be stored in Eurodac for five years from the date on which the biometric data were transmitted.
4. For the purposes of Article 18(2), each dataset recorded in accordance with Article 19 relating to a third-country national or stateless person as referred to in Article 18(2), point (b) or (c), shall be stored in Eurodac for three years from the date on which the biometric data were transmitted.
5. For the purposes of Article 20, each dataset relating to a third-country national or stateless person recorded in accordance with Article 21 shall be stored in Eurodac for five years from the date on which the biometric data were transmitted.
6. For the purposes of Article 22(1), each dataset relating to a third-country national or stateless person recorded in accordance with Article 22 shall be stored in Eurodac for five years from the date on which the biometric data were transmitted.
7. For the purposes of Article 23(1), each dataset relating to a third-country national or stateless person recorded in accordance with Article 23 shall be stored in Eurodac for five years from the date on which the biometric data were transmitted.
8. For the purposes of Article 24(1), each dataset relating to a third-country national or stateless person recorded in accordance with Article 24 shall be stored in Eurodac for five years from the date on which the biometric data were transmitted.
9. For the purposes of Article 26(1), each dataset relating to a third-country national or stateless person recorded in accordance with Article 26 shall be stored in Eurodac for one year from the date of entry into force of the relevant Council Implementing Decision. The retention period shall be extended every year for the duration of the temporary protection.
10. Upon expiry of the data storage periods referred to in paragraphs 1 to 9 of this Article, the data of the data subjects shall be automatically erased from Eurodac.
Advanced data erasure
1. Data relating to a person who has acquired the citizenship of a Member State of origin before the expiry of the period referred to in Article 29(1), (3), (5), (6), (7), (8) or (9) shall be erased from Eurodac without delay by that Member State in accordance with Article 40(3).
Data relating to a person who has acquired the citizenship of another Member State before the expiry of the period referred to in Article 29(1), (3), (5), (6), (7), (8) or (9) shall be erased from Eurodac by the Member State of origin, in accordance with Article 40(3), as soon as it becomes aware of the fact that the person concerned has acquired such citizenship.
2. Eurodac shall, as soon as possible and no later than 72 hours after the erasure, inform all Member States of origin of the erasure of data in accordance with paragraph 1 of this Article by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1).
Marking of data
1. For the purposes laid down in Article 1(1), point (a), the Member State of origin which granted international protection to a person whose data were previously recorded in Eurodac pursuant to Article 17 shall mark the relevant data in accordance with the requirements for electronic communication with Eurodac established by eu-LISA. That mark shall be stored in Eurodac in accordance with Article 29(1) for the purposes of transmission under Articles 27 and 28. Eurodac shall, as soon as possible and no later than 72 hours after the marking of the data, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1). Those Member States of origin shall also mark the corresponding datasets.
2. The data of beneficiaries of international protection stored in Eurodac in accordance with Article 3(2) and marked pursuant to paragraph 1 of this Article shall be made available for comparison for law enforcement purposes until such data are automatically erased from Eurodac in accordance with Article 29(10).
3. The Member State of origin shall unmark data concerning a third-country national or stateless person whose data were previously marked in accordance with paragraph 1 of this Article if his or her status is withdrawn under Article 14 or 19 of Regulation (EU) 2024/1347.
4. For the purposes laid down in Article 1(1), points (a) and (c), the Member State of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in Eurodac, as appropriate, pursuant to Article 22(2) or Article 23(2), or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in Eurodac pursuant to Article 24(2), shall mark the relevant data in accordance with the requirements for electronic communication with Eurodac established by eu-LISA. That mark shall be stored in Eurodac in accordance with Article 29(6), (7), (8) and (9) for the purposes of transmission under Articles 27 and 28. Eurodac shall, as soon as possible and no later than 72 hours after the marking of data, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 15(1), Article 18(2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1). Those Member States of origin shall also mark the corresponding datasets.
5. The data of illegally staying third-country nationals or stateless persons stored in Eurodac and marked pursuant to paragraph 4 of this Article shall be made available for comparison for law enforcement purposes until such data are automatically erased from Eurodac in accordance with Article 29(10).
6. For the purposes of Article 68(4) of Regulation (EU) 2024/1351, the Member State of relocation shall, following the registration of the data pursuant to Article 25(2) of this Regulation, register itself as the Member State responsible and mark those data with the marking introduced by the Member State that granted protection.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
