Amendment 1223· GDPR Article 35(6b)
+Addition
Text of the amendment
As tabled
Amending instruction
(aa) In Article 35, the following paragraph is inserted:
Paragraph it would add
The proposals referred to in paragraphs 4, 5 and 6 shall be without prejudice to the right of the competent authorities and supervisory authorities of the Member States to develop their own guidance, standards and lists, in particular the lists referred to in Article 35(4) and (5). The Board shall take such national guidance, standards and lists into account when preparing the common templates, methodology and lists referred to in those paragraphs.'
GDPR Article 35 with this amendment
Amendment 1223 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4), (5), (6) and (6a)
Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
processing on a large scale of special categories of data referred to in Article 9(1), or of personal data relating to criminal convictions and offences referred to in Article 10; or
a systematic monitoring of a publicly accessible area on a large scale.
The Board shall prepare and transmit to the Commission a proposal for a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1.
The Board shall prepare and transmit to the Commission a proposal for a list of the kind of processing operations for which no data protection impact assessment is required.
The Board shall prepare and transmit to the Commission a proposal for a common template and a common methodology for conducting data protection impact assessments.
The proposals for the lists referred to in paragraphs 4 and 5 and for the template and methodology referred to in paragraph 6 shall be submitted to the Commission within [OP date = 9 months of the entry into application of this Regulation]. The Commission after due consideration reviews them, as necessary, and is empowered to adopt them by way of an implementing act in accordance with the examination procedure set out in Article 93(2).
The lists and the template and methodology referred to in paragraph 6a-shall be reviewed at least every three years and updated where necessary.The proposals referred to in paragraphs 4, 5 and 6 shall be without prejudice to the right of the competent authorities and supervisory authorities of the Member States to develop their own guidance, standards and lists, in particular the lists referred to in Article 35(4) and (5). The Board shall submit its assessment and possible proposals for updates to the Commission in due time.The Board shall take such national guidance, standards and lists into account when preparing the common templates, methodology and lists referred to in those paragraphs. The Commission after due consideration of the proposals reviews them and is empowered to adopt any updates following the procedure in paragraph 6a.'
Unchanged: (6c), (7), (8), (9), (10) and (11)
Lists of the kind of processing operations which are subject to the requirement for a data protection impact assessment and of the kind of processing operations for which no data protection impact assessment is required established and made public by supervisory authorities remain valid until the Commission adopts the implementing act referred to in paragraph 6a.
The assessment shall contain at least:
a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller;
an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
Compliance with approved codes of conduct referred to in Article 40 by the relevant controllers or processors shall be taken into due account in assessing the impact of the processing operations performed by such controllers or processors, in particular for the purposes of a data protection impact assessment.
Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of commercial or public interests or the security of processing operations.
Where processing pursuant to point (c) or (e) of Article 6(1) has a legal basis in Union law or in the law of the Member State to which the controller is subject, that law regulates the specific processing operation or set of operations in question, and a data protection impact assessment has already been carried out as part of a general impact assessment in the context of the adoption of that legal basis, paragraphs 1 to 7 shall not apply unless Member States deem it to be necessary to carry out such an assessment prior to processing activities.
Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.
Struck removed Highlighted added Full text on the GDPR Article 35 page
Justification
The preparation by the Board of common templates, a common methodology and common lists relating to data protection impact assessments contributes to a consistent application of this Regulation. However, this harmonisation of form should not deprive the competent authorities and supervisory authorities of the Member States of their power — recognised in particular in Article 35(4) and (5) — to develop their own guidance, standards and lists reflecting national circumstances. This amendment confirms that the proposals referred to in paragraphs 4, 5 and 6 are without prejudice to that power, and provides that the Board shall take such national guidance, standards and lists into account when preparing the common instruments. This ensures a bottom-up articulation between the national and Union levels, preserving both consistency and the ability of national authorities to address specific national risks.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
6b. The lists and the template and methodology referred to in paragraph 6a-shall be reviewed at least every three years and updated where necessary. The Board shall submit its assessment and possible proposals for updates to the Commission in due time. The Commission after due consideration of the proposals reviews them and is empowered to adopt any updates following the procedure in paragraph 6a.
Council text of 22 October 2026ST 14756/26
6b.The template and methodology referred to in paragraph 6a shall be reviewed at least every three years and updated where necessary. The Board shall submit its assessment and possible proposals for updates to the Commission in due time. The Commission after due consideration of the proposals reviews them and is empowered to adopt any updates by way of an implementing act in accordance with the examination procedure set out in Article 93(2).
Cite this amendment
Amendment 1223 (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. 145–146
Link, short form and official text
Amendment 1223 (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. 145–146
ITRE–LIBE Amendment 1223 (CJ72-AM-791073), p. 145