Amendment 1173· GDPR Article 25(2a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
7c. In Article 25, the following paragraph 2a is added:
Paragraph 2a it would add
In the case of processing carried out in the course of providing information society services which are likely to be accessed by children, when assessing what are appropriate technical and organisational measures in accordance with paragraph 1, the controller must take into account the children’s higher protection matters. The children’s higher protection matters are:
(a)how children can best be protected and supported when using the services, and;
(b)the fact that children:
(i)merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing; and
(ii)have different needs at different ages and at different stages of development.
This paragraph is not to be read as implying anything about the matters that may be relevant to the assessment of what are appropriate technical and organisational measures for the purposes of paragraph 1 and 2 in cases other than those described in this paragraph. In this paragraph ‘information society services’ does not include preventive or counselling services."
GDPR Article 25 with this amendment
Amendment 1173 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.
The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons.
In the case of processing carried out in the course of providing information society services which are likely to be accessed by children, when assessing what are appropriate technical and organisational measures in accordance with paragraph 1, the controller must take into account the children’s higher protection matters. The children’s higher protection matters are:
+Newhow children can best be protected and supported when using the services, and;
+Newthe fact that children:
+Newmerit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing; and
+Newhave different needs at different ages and at different stages of development.
+NewThis paragraph is not to be read as implying anything about the matters that may be relevant to the assessment of what are appropriate technical and organisational measures for the purposes of paragraph 1 and 2 in cases other than those described in this paragraph. In this paragraph ‘information society services’ does not include preventive or counselling services."
Unchanged: (3)
An approved certification mechanism pursuant to Article 42 may be used as an element to demonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article.
Justification
The amendment makes children’s higher protection needs a concrete part of data protection by design for information society services likely to be accessed by children. Controllers must consider how children can best be protected and supported, including their lower awareness of risks and their different needs at different ages and development stages. This creates clearer duties without a one-size-fits-all model, preserves other Article 25 assessments and excludes preventive or counselling services.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 25(2a) (new).
Cite this amendment
Amendment 1173 (Axel Voss), 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. 104–105
Link, short form and official text
Amendment 1173 (Axel Voss), 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. 104–105
ITRE–LIBE Amendment 1173 (CJ72-AM-791073), p. 104