La profilazione algoritmica della clientela nella nuova disciplina europea antiriciclaggio: dati personali, decisioni automatizzate e garanzie procedurali

This article examines the algorithmic profiling of customers in the European anti-money laundering system following the 2024 AML package. The analysis starts from the asymmetry between the external dimension of data protection – access to beneficial-ownership registers, rebalanced after Luxembourg Business Registers – and the internal dimension of automated profiling and monitoring, whose alignment with the Court of Justice’s data-protection acquis remains incomplete. It argues that such profiling falls within Article 22 GDPR, as construed in SCHUFA, whenever human intervention amounts to a merely formal ratification, and that Article 76 of Regulation 2024/1624, while serving as the authorising basis under Article 22(2)(b), does not provide the safeguards on which the lawfulness of the processing depends. The article proposes interpretative and reform solutions centred on the AMLA.