Amendment 1012· GDPR Article 6(1)(f), subparagraph
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
No equivalent2c. Article 6, paragraph 1, point f, including the second subparagraph, is amended as follows:
Wordingagainst the Commission’s
(fa) processing is necessary for the anonymisation of personal data and that processing serves the principles of data minimisation or storage limitation. (2nd sub-paragaph) For the purposes of point f, controllers that are part of a group of undertakings within the meaning of Article 4, point 19, or institutions affiliated to a central body, shall be presumed to have a legitimate interest in transmitting personal data within that group or between such affiliated institutions for clearly defined internal administrative purposes, including central human resources management, financial and accounting administration, compliance monitoring, IT and cybersecurity management, internal audit, risk management and group reporting, provided that the processing is necessary and proportionate for those purposes and subject to appropriate technical and organisational safeguards. This presumption shall not affect the rights and freedoms of the data subject, including the right to object under Article 21, the processing of special categories of personal data under Article 9, the processing of personal data relating to criminal convictions and offences under Article 10, or the rules on transfers of personal data to third countries or international organisations under Chapter V. An illustrative list of legitimate interests within the meaning of point f of the first subparagraph is included in Annex II; the Commission is empowered to adopt delegated acts to amend Annex II by adding, deleting or modifying use-cases of legitimate interests, after having consulted the Board referred to in Article 68. Point f of the first subparagraph shall not apply to processing carried out by public authorities where they act in performance of sovereign powers."
Struck CommissionHighlighted amendment
GDPR Article 6 with this amendment
Amendment 1012 applied to the Commission proposal, no other amendment
Processing shall be lawful only if and to the extent that at least one of the following applies:
~AmendedUnchanged: (a), (b), (c), (d) and (e)
the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
processing is necessary for compliance with a legal obligation to which the controller is subject;
processing is necessary in order to protect the vital interests of the data subject or of another natural person;
processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
processing is necessary for the anonymisation of personal data and that processing serves the principles of data minimisation or storage limitation.
+New(2nd sub-paragaph) For the purposes of point f, controllers that are part of a group of undertakings within the meaning of Article 4, point 19, or institutions affiliated to a central body, shall be presumed to have a legitimate interest in transmitting personal data within that group or between such affiliated institutions for clearly defined internal administrative purposes, including central human resources management, financial and accounting administration, compliance monitoring, IT and cybersecurity management, internal audit, risk management and group reporting, provided that the processing is necessary and proportionate for those purposes and subject to appropriate technical and organisational safeguards. This presumption shall not affect the rights and freedoms of the data subject, including the right to object under Article 21, the processing of special categories of personal data under Article 9, the processing of personal data relating to criminal convictions and offences under Article 10, or the rules on transfers of personal data to third countries or international organisations under Chapter V.
An illustrative list of legitimate interests within the meaning of point f of the first subparagraph is included in Annex II; the Commission is empowered to adopt delegated acts to amend Annex II by adding, deleting or modifying use-cases of legitimate interests, after having consulted the Board referred to in Article 68. Point f of the first subparagraph shall not apply to processing carried out by public authorities where they act in performance of sovereign powers."
Unchanged: 5 paragraphs
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX.
The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by:
Union law; or
Member State law to which the controller is subject.
The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.
Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject’s consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia:
any link between the purposes for which the personal data have been collected and the purposes of the intended further processing;
the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller;
the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10;
the possible consequences of the intended further processing for data subjects;
the existence of appropriate safeguards, which may include encryption or pseudonymisation.
Struck removed Highlighted added Full text on the GDPR Article 6 page
Justification
The package makes Article 6 more predictable by clarifying that anonymisation may require a lawful processing step, recognising safeguarded intra-group administrative transfers, and adding a non-exhaustive Annex of legitimate-interest use cases. This supports consistent application across the Union without creating a blanket permission: necessity, proportionality and the balancing test remain required, especially for children. Commission updates after EDPB consultation keep the framework adaptable to new technologies and business practices. (see ANNEX 1a)
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 6(1)(f)
processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
No Council text amends Article 6(1)(f), subparagraph.
Cite this amendment
Amendment 1012 (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. 145–146
Link, short form and official text
Amendment 1012 (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. 145–146
ITRE–LIBE Amendment 1012 (CJ72-AM-791072), p. 145