Texts to 22 Oct 2026

Amendment 1009· GDPR Article 5(2)

Alternative

Tabled by
Axel Voss (EPP)
Committee and document
ITRE–LIBE·amendments 777–1052 to the draft report (CJ72-AM-791072, PE791.072v01-00)·27 July 2026
Source
Official text, pp. 143–144·printed header: Article 3 – paragraph 1 – point 2 b (new) / Regulation (EU) 2016/679 / Article 5 – paragraph 2
Targets
Article 5(2) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Amending instructionagainst the Commission’s

2b. In Article 5, paragraph 2 is amended:

Wordingagainst the Commission’s

2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’). When assessing compliance with the accountability obligation, appropriate governance structures, in particular, the appointment of a data protection officer in accordance with Article 37, shall be taken into account."

Struck CommissionHighlighted amendment

GDPR Article 5 with this amendment

Amendment 1009 applied to the Commission proposal, no other amendment

Unchanged: (1)
1.

Personal data shall be:

(a)

processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b)

collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);

(c)

adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d)

accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e)

kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f)

processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

2.

The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’). When assessing compliance with the accountability obligation, appropriate governance structures, in particular, the appointment of a data protection officer in accordance with Article 37, shall be taken into account."

Amended

Full text on the GDPR Article 5 page

Justification

DPO Package #1: The amendment strengthens accountability by recognising DPOs as practical governance safeguards and first points of contact for complaints. DPOs already advise controllers and processors, monitor compliance and support data subjects; giving them an explicit complaint-handling role makes resolution faster, less bureaucratic and closer to the facts. Voluntary or shared DPOs are encouraged. Supervisory authorities remain available where the complaint is not addressed or not fully remedied within one month.

Target

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

Law in forceGDPR, Article 5(2)

The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

No Council text amends Article 5(2).

Cite this amendment

Amendment 1009 (Axel Voss), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 143–144

Link, short form and official text
Reference

Amendment 1009 (Axel Voss), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 143–144

Short form

ITRE–LIBE Amendment 1009 (CJ72-AM-791072), p. 143

Entry in the source list