Amendment 1239· GDPR Article 37(2a) and (4a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
9b. In Article 37, paragraphs 2a and 4a are inserted:
Wording it would add
2a.Microenterprises, small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC, and small mid-cap enterprises may jointly designate a single data protection officer, whether or not they are partner or linked enterprises, provided that the data protection officer is easily accessible from each of them and is able to perform his or her tasks effectively in respect of each participating enterprise, taking into account the nature, scope, context and purposes of their respective processing operations. The participating enterprises shall specify, in a written arrangement, the allocation of responsibilities and the resources made available to the shared data protection officer.';
4a.Member States may provide that a public body designated for that purpose makes available data protection officers acting for a pool of microenterprises, small and medium-sized enterprises or small mid-cap enterprises. A data protection officer made available under this paragraph shall perform the tasks referred to in Article 39 independently, in accordance with Article 38, and shall not receive instructions regarding the exercise of those tasks. This paragraph shall not apply to the supervisory authorities referred to in Article 51, so as to avoid any conflict of interest.';
GDPR Article 37 with this amendment
Amendment 1239 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
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.
Microenterprises, small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC, and small mid-cap enterprises may jointly designate a single data protection officer, whether or not they are partner or linked enterprises, provided that the data protection officer is easily accessible from each of them and is able to perform his or her tasks effectively in respect of each participating enterprise, taking into account the nature, scope, context and purposes of their respective processing operations. The participating enterprises shall specify, in a written arrangement, the allocation of responsibilities and the resources made available to the shared data protection officer.';
+NewUnchanged: (3) and (4)
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.
Member States may provide that a public body designated for that purpose makes available data protection officers acting for a pool of microenterprises, small and medium-sized enterprises or small mid-cap enterprises. A data protection officer made available under this paragraph shall perform the tasks referred to in Article 39 independently, in accordance with Article 38, and shall not receive instructions regarding the exercise of those tasks. This paragraph shall not apply to the supervisory authorities referred to in Article 51, so as to avoid any conflict of interest.';
+NewUnchanged: (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.
Justification
The cost of a dedicated data protection officer is prohibitive for small structures. The amendment allows micro, small and medium-sized enterprises and small mid-caps which are not related undertakings to designate a single data protection officer jointly, provided that the officer is easily accessible from each establishment and that the conditions of independence and absence of conflict of interest are met in respect of each controller concerned. Pooling reduces compliance costs without lowering the level of protection.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 37(2a) and (4a) (new).
Cite this amendment
Amendment 1239 (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. 155–156
Link, short form and official text
Amendment 1239 (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. 155–156
ITRE–LIBE Amendment 1239 (CJ72-AM-791073), p. 155