Amendment 1068· GDPR Article 12(2)
+Addition
Text of the amendment
As tabled
Amending instruction
3a. In Article 12, paragraph 2 is replaced by the following:
Paragraph 2 as it would read
The controller shall facilitate the exercise of data subject rights under Articles 15 to 22 of this Regulation. The controller cannot require them to exercise their rights by particular means or limit their rights by offering restrictive online tools that do not allow to request all information under Article 15(1) to (3). In any case, the controller has to provide and publicly disclose an electronic-mail address which allows data subjects to send requests electronically. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.
GDPR Article 12 with this amendment
Amendment 1068 applied to the Commission proposal, no other amendment
Unchanged: (1)
The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 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.
The controller shall facilitate the exercise of data subject rights under Articles 15 to 22 of this Regulation. The controller cannot require them to exercise their rights by particular means or limit their rights by offering restrictive online tools that do not allow to request all information under Article 15(1) to (3). In any case, the controller has to provide and publicly disclose an electronic-mail address which allows data subjects to send requests electronically. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.
~AmendedUnchanged: 7 paragraphs
The controller shall provide information on action taken on a request under Articles 15 to 22 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.
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 a supervisory authority and seeking a judicial remedy.
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 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 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either:
charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
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.
Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.
The information to be provided to data subjects pursuant to Articles 13 and 14 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.
The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons.
Justification
It is up to data subjects how they exercise their rights under the GDPR. They are not bound by any form requirements. Similarly, the controller cannot require data subjects to use a particular form or medium to exercise their rights. This fact should be clarified while it should be required from controllers that they designate an email-address for data subjects who want to electronically exercise their rights. Controllers might also provide online-forms but they should still provide the alternative way of submitting an E-Mail.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 12(2)
The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.
No Council text amends Article 12(2).
Cite this amendment
Amendment 1068 (Pernando Barrena Arza and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 16–17
Link, short form and official text
Amendment 1068 (Pernando Barrena Arza and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 16–17
ITRE–LIBE Amendment 1068 (CJ72-AM-791073), p. 16