Amendment 1255· 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 because those entities are not reasonably likely to identify the natural person.
Struck CommissionHighlighted amendment
GDPR Article 41a with this amendment
Amendment 1255 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 because those entities are not reasonably likely to identify the natural person.
~AmendedUnchanged: (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).
Justification
Generally, the comitology is strongly supported in relation to this issue. Rules of such significance should be adopted in a binding, formal and predictable way to ensure legal certainty for controllers. Soft law in form of EDPB opinion is not acceptable. This is primary concern as regards pseudonymisation; the other proposals just aim to improve on original text.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 41a(1).
Cite this amendment
Amendment 1255 (Ondřej Krutílek), 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. 169
Link, short form and official text
Amendment 1255 (Ondřej Krutílek), 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. 169
ITRE–LIBE Amendment 1255 (CJ72-AM-791073), p. 169