Amendment 1251· GDPR Article 41a(1)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.The Commission shall be empowered to adopt guidelines specifying technical and organisational measures, including consent-management mechanisms, privacy-preserving technologies and privacy-enhancing techniques, that may be taken into account when assessing whether a controller, processor, data holder or data recipient has means reasonably likely to be used to identify a natural person and comply with its consent requesting obligations. Those guidelines shall be adopted in close cooperation with the European Data Protection Board and shall aim to promote legal certainty, interoperability and the consistent application of this Regulation across the Union. The adoption of those guidelines acts shall be without prejudice to the interpretation of Union law by the Court of Justice of the European Union, including as regards the concepts of personal data, identifiable natural person, pseudonymised data, anonymisation and means reasonably likely to be used.
Struck CommissionHighlighted amendment
GDPR Article 41a with this amendment
Amendment 1251 applied to the Commission proposal, no other amendment
The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.The Commission shall be empowered to adopt guidelines specifying technical and organisational measures, including consent-management mechanisms, privacy-preserving technologies and privacy-enhancing techniques, that may be taken into account when assessing whether a controller, processor, data holder or data recipient has means reasonably likely to be used to identify a natural person and comply with its consent requesting obligations. Those guidelines shall be adopted in close cooperation with the European Data Protection Board and shall aim to promote legal certainty, interoperability and the consistent application of this Regulation across the Union. The adoption of those guidelines acts shall be without prejudice to the interpretation of Union law by the Court of Justice of the European Union, including as regards the concepts of personal data, identifiable natural person, pseudonymised data, anonymisation and means reasonably likely to be used.
Unchanged: (2), (3), (4) and (5)
For the purpose of paragraph 1 the Commission shall:
assess the state of the art of available techniques;
develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data.
The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects.
The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission.
The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).
Struck removed Highlighted added Full text on the GDPR Article 41a page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 41a(1).
Cite this amendment
Amendment 1251 (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. 166–167
Link, short form and official text
Amendment 1251 (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. 166–167
ITRE–LIBE Amendment 1251 (CJ72-AM-791073), p. 166