Amendment 1238· GDPR Article 37(4)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
9a. In Article 37, paragraph 4 is replaced by the following:
Paragraph 4 as it would readagainst the Commission’s
4. In cases other than those referred to in paragraph 1, the controller or processor or associations and other bodies representing categories of controllers or processors may or, where required by Union or Member State law shall, designate a data protection officer. The data protection officer may act for such associations and other bodies representing controllers or processors."
Struck CommissionHighlighted amendment
GDPR Article 37 with this amendment
Amendment 1238 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
The controller and the processor shall designate a data protection officer in any case where:
the processing is carried out by a public authority or body, except for courts acting in their judicial capacity;
the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or
the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 or personal data relating to criminal convictions and offences referred to in Article 10.
A group of undertakings may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment.
Where the controller or the processor is a public authority or body, a single data protection officer may be designated for several such authorities or bodies, taking account of their organisational structure and size.
In cases other than those referred to in paragraph 1, the controller or processor or associations and other bodies representing categories of controllers or processors may or, where required by Union or Member State law shall, designate a data protection officer. The data protection officer may act for such associations and other bodies representing controllers or processors."
Unchanged: (5), (6) and (7)
The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 39.
The data protection officer may be a staff member of the controller or processor, or fulfil the tasks on the basis of a service contract.
The controller or the processor shall publish the contact details of the data protection officer and communicate them to the supervisory authority.
Struck removed Highlighted added Full text on the GDPR Article 37 page
Justification
DPO Package #2: The amendment strengthens accountability by recognising DPOs as practical governance safeguards and first points of contact for complaints. DPOs already advise controllers and processors, monitor compliance and support data subjects; giving them an explicit complaint-handling role makes resolution faster, less bureaucratic and closer to the facts. Voluntary or shared DPOs are encouraged. Supervisory authorities remain available where the complaint is not addressed or not fully remedied within one month.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 37(4)
In cases other than those referred to in paragraph 1, the controller or processor or associations and other bodies representing categories of controllers or processors may or, where required by Union or Member State law shall, designate a data protection officer. The data protection officer may act for such associations and other bodies representing controllers or processors.
No Council text amends Article 37(4).
Cite this amendment
Amendment 1238 (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), p. 155
Link, short form and official text
Amendment 1238 (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), p. 155
ITRE–LIBE Amendment 1238 (CJ72-AM-791073), p. 155