Amendment 1242· GDPR Article 39(2)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
9d. in Article 39 paragraph 2 is replaced by the following:
Article 39 paragraph 2 as it would readagainst the Commission’s
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, including, where the data protection officer acts for several enterprises pursuant to Article 37(2a) or (4a), the specific processing operations of each of them."
Struck CommissionHighlighted amendment
GDPR Article 39 with this amendment
Amendment 1242 applied to the Commission proposal, no other amendment
Unchanged: (1)
The data protection officer shall have at least the following tasks:
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.
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, including, where the data protection officer acts for several enterprises pursuant to Article 37(2a) or (4a), the specific processing operations of each of them."
~AmendedTarget
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 39(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.
No Council text amends Article 39(2).
Cite this amendment
Amendment 1242 (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), p. 158
Link, short form and official text
Amendment 1242 (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), p. 158
ITRE–LIBE Amendment 1242 (CJ72-AM-791073), p. 158