Amendment 1240· GDPR Article 39(1)(ea) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
In Article 39, paragraph 1 the following point ea is added
Point (ea) it would add
to handle complaints from a data subject or complaints from a body, organisation or association pursuant to Article 80 against the processing of personal data by the controller or the processor, to investigate the subject matter of the complaint to an appropriate extent, and to advise the controller or the processor on appropriate remedial measures in the event of a breach of this Regulation.
GDPR Article 39 with this amendment
Amendment 1240 applied to the Commission proposal, no other amendment
The data protection officer shall have at least the following tasks:
~AmendedUnchanged: (a), (b), (c), (d) and (e)
to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions;
to monitor compliance with this Regulation, with other Union or Member State data protection provisions and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35;
to cooperate with the supervisory authority;
to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter.
to handle complaints from a data subject or complaints from a body, organisation or association pursuant to Article 80 against the processing of personal data by the controller or the processor, to investigate the subject matter of the complaint to an appropriate extent, and to advise the controller or the processor on appropriate remedial measures in the event of a breach of this Regulation.
+NewUnchanged: (2)
The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing.
Justification
DPO Package #3: 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
No Council text amends Article 39(1)(ea) (new).
Cite this amendment
Amendment 1240 (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. 156–157
Link, short form and official text
Amendment 1240 (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. 156–157
ITRE–LIBE Amendment 1240 (CJ72-AM-791073), p. 156