Amendment 1113· GDPR Article 13(4a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
4a. In Article 13, the following paragraph is inserted:
Paragraph it would add
An activity is circumscribed and not data-intensive where the processing of personal data is ancillary to the main activity of the controller and is limited in volume, scope and purposes. Such relationships include, in particular:
(a)the relationship between a data subject and a professional bound by a legal or ethical obligation of confidentiality, such as a lawyer, physician or notary, acting within the scope of that relationship;
(b)the commercial relationship between a customer and a trader in the context of the provision of a specific good or service requested by the data subject, provided that the customer list is used solely as an internal management tool and is not intended to be disclosed or monetised to third parties;
(c)the non-commercial relationship between a member and an association, or between an employee and an employer, insofar as the processing is limited to what is necessary for that relationship.'
GDPR Article 13 with this amendment
Amendment 1113 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3) and (4)
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:
the identity and the contact details of the controller and, where applicable, of the controller’s representative;
the contact details of the data protection officer, where applicable;
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;
the recipients or categories of recipients of the personal data, if any;
where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.
In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
the right to lodge a complaint with a supervisory authority;
whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.
An activity is circumscribed and not data-intensive where the processing of personal data is ancillary to the main activity of the controller and is limited in volume, scope and purposes. Such relationships include, in particular:
+Newthe relationship between a data subject and a professional bound by a legal or ethical obligation of confidentiality, such as a lawyer, physician or notary, acting within the scope of that relationship;
+Newthe commercial relationship between a customer and a trader in the context of the provision of a specific good or service requested by the data subject, provided that the customer list is used solely as an internal management tool and is not intended to be disclosed or monetised to third parties;
+Newthe non-commercial relationship between a member and an association, or between an employee and an employer, insofar as the processing is limited to what is necessary for that relationship.'
+NewUnchanged: (5)
When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.
Justification
Extends the derogation from the information obligation to circumscribed relationships in which the controller’s activity is not data-intensive: associations, sport clubs, micro, small and medium-sized enterprises where processing is confined to the management of membership, communication with members, the organisation of activities or the performance of a contract. The derogation is expressly excluded where the controller engages in data brokerage, which is by nature data-intensive.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 13(4a) (new).
Cite this amendment
Amendment 1113 (Julie Rechagneux 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. 50–51
Link, short form and official text
Amendment 1113 (Julie Rechagneux 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. 50–51
ITRE–LIBE Amendment 1113 (CJ72-AM-791073), p. 50