Texts to 22 Oct 2026

Amendment 491· EUDPR Article 14(5)

Alternative

Tabled by
Virginie Joron (PfE)
Committee and document
IMCO·amendments 329–532 to the draft opinion (IMCO-AM-791061, PE791.061v01-00)·16 July 2026
Source
Official text, pp. 99–100·printed header: Article 4 – paragraph 1 – point 4 / Regulation (EU) 2018/1725 / Article 14 – paragraph 5
Targets
Article 14(5) of the EU institutions’ data protection regulation (EUDPR)

Text of the amendment

As tabled

Wordingagainst the Commission’s

5. Information provided under Articles 15 and 16 and any communication and any actions taken under Articles 17 to 24 and 35 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 17 because the data subject abuses the rights conferred by this Regulation for purposes other than the protection of their data, the controller may refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive. This paragraph shall not affect the conditions and safeguards which apply to the processing of personal data in AI regulatory sandboxes and during testing in real world conditions under Articles 59, 60 and 61 of Regulation (EU) 2024/1689, which shall continue to apply.

Struck CommissionHighlighted amendment

EUDPR Article 14 with this amendment

Amendment 491 applied to the Commission proposal, no other amendment

Unchanged: (1), (2), (3) and (4)
1.

The controller shall take appropriate measures to provide any information referred to in Articles 15 and 16 and any communication under Articles 17 to 24 and 35 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

2.

The controller shall facilitate the exercise of data subject rights under Articles 17 to 24. In the cases referred to in Article 12(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 17 to 24, unless the controller demonstrates that it is not in a position to identify the data subject.

3.

The controller shall provide information on action taken on a request under Articles 17 to 24 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

4.

If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with the European Data Protection Supervisor and seeking a judicial remedy.

5.

Information provided under Articles 15 and 16 and any communication and any actions taken under Articles 17 to 24 and 35 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 17 because the data subject abuses the rights conferred by this Regulation for purposes other than the protection of their data, the controller may refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive. This paragraph shall not affect the conditions and safeguards which apply to the processing of personal data in AI regulatory sandboxes and during testing in real world conditions under Articles 59, 60 and 61 of Regulation (EU) 2024/1689, which shall continue to apply.

Amended
Unchanged: (6), (7) and (8)
6.

Without prejudice to Article 12, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 17 to 23, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

7.

The information to be provided to data subjects pursuant to Articles 15 and 16 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically they shall be machine-readable.

8.

Where the Commission adopts delegated acts pursuant to Article 12(8) of Regulation (EU) 2016/679 determining the information to be presented by the icons and the procedures for providing standardised icons, Union institutions and bodies shall, where appropriate, provide the information pursuant to Articles 15 and 16 of this Regulation in combination with such standardised icons.

Full text on the EUDPR Article 14 page

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

Law in forceEUDPR, Article 14(5)

Information provided under Articles 15 and 16 and any communication and any actions taken under Articles 17 to 24 and 35 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may refuse to act on the request. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

Commission proposalCOM(2025) 837

5. Information provided under Articles 15 and 16 and any communication and any actions taken under Articles 17 to 24 and 35 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 17 because the data subject abuses the rights conferred by this Regulation for purposes other than the protection of their data, the controller may refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.

Council text of 22 October 2026ST 14756/26

5.Information provided under Articles 15 and 16 and any communication and any actions taken under Articles 17 to 24 and 35 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or, for a request under Article 17, where an abusive intention on the part of the data subject can be demonstrated, the controller may refuse to act on the request and inform the data subject of the reason thereof. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that, in light of all the relevant circumstances of the case, that the request is excessive or that there is an abusive intention on the part of the data subject.

Cite this amendment

Amendment 491 (Virginie Joron), 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), pp. 99–100

Link, short form and official text
Reference

Amendment 491 (Virginie Joron), 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), pp. 99–100

Short form

IMCO Amendment 491 (IMCO-AM-791061), p. 99

Entry in the source list