Amendment 1300· GDPR Article 41a(5)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(5) The Implementingimplementing Actsacts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 93(3).
Struck CommissionHighlighted amendment
GDPR Article 41a with this amendment
Amendment 1300 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3) and (4)
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.
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 Implementingimplementing Actsacts referred to in this Article 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
Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 41a(5).
Cite this amendment
Amendment 1300 (Axel Voss), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1261–1564 to the draft report on COM(2025) 837 (CJ72-AM-791873, PE791.873v01-00, 27 July 2026), p. 23
Link, short form and official text
Amendment 1300 (Axel Voss), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1261–1564 to the draft report on COM(2025) 837 (CJ72-AM-791873, PE791.873v01-00, 27 July 2026), p. 23
ITRE–LIBE Amendment 1300 (CJ72-AM-791873), p. 23