Amendment 398· GDPR Article 41a(3)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(3) The implementation ofWhere the means and criteria outlined in an implementing act mayare implemented, the data shall be usedpresumed as an elementnot to demonstrate that data cannot lead to the reidentification of the data subjects.
Struck CommissionHighlighted amendment
GDPR Article 41a with this amendment
Amendment 398 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.
For the purpose of paragraph 1 the Commission shall:
assess the state of the art of available techniques;
develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data.
The implementation ofWhere the means and criteria outlined in an implementing act mayare implemented, the data shall be usedpresumed as an elementnot to demonstrate that data cannot lead to the reidentification of the data subjects.
Unchanged: (4) and (5)
The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission.
The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).
Struck removed Highlighted added Full text on the GDPR Article 41a page
Justification
Turns advanced privacy-enhancing technologies into a rebuttable presumption of compliance, giving legal certainty and rewarding investment in privacy technology instead of paperwork.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 41a(3).
Cite this amendment
Amendment 398 (Piotr Müller), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), p. 46
Link, short form and official text
Amendment 398 (Piotr Müller), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), p. 46
IMCO Amendment 398 (IMCO-AM-791061), p. 46