Amendment 1241· GDPR Article 38(6)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
9c. In Article 38 paragraph 6 is replaced by the following:
Article 38 paragraph 6 as it would readagainst the Commission’s
6. The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. Where a data protection officer is shared by several enterprises pursuant to Article 37(2a), or made available by a public body pursuant to Article 37(4a), the absence of a conflict of interests and the independence of the data protection officer shall be ensured in respect of each participating enterprise."
Struck CommissionHighlighted amendment
GDPR Article 38 with this amendment
Amendment 1241 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4) and (5)
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.
The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.
The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his tasks. The data protection officer shall directly report to the highest management level of the controller or the processor.
Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation.
The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law.
The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. Where a data protection officer is shared by several enterprises pursuant to Article 37(2a), or made available by a public body pursuant to Article 37(4a), the absence of a conflict of interests and the independence of the data protection officer shall be ensured in respect of each participating enterprise."
~AmendedTarget
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 38(6)
The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests.
No Council text amends Article 38(6).
Cite this amendment
Amendment 1241 (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. 157–158
Link, short form and official text
Amendment 1241 (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. 157–158
ITRE–LIBE Amendment 1241 (CJ72-AM-791073), p. 157