Amendment 1590· GDPR Article 88d (new)
+Addition
Text of the amendment
As tabled
Amending instruction
After Article 88c, the following article is inserted:
Article it would add
'Article 88d
Processing in the context of the provision of audiovisual media services of general interest
Where the processing of personal data, including the storage of or access to personal data already stored in the terminal equipment of a natural person, is necessary for the delivery and audience measurement of both programmes and advertising provided by audiovisual media services of general interest, as referred to in Article 7a of Directive 2010/13/EU, such processing shall be carried out on the basis of legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679. This shall apply except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data, in particular where the data subject is a child.
Any such processing shall be subject to appropriate organisational and technical measures, as well as safeguards to protect the rights and freedoms of the data subject. These measures and safeguards shall be set out in a sectoral code of conduct established in accordance with Article 40(2)(b) of Regulation (EU) 2016/679 and approved pursuant to Article 40(5) thereof.
GDPR Article 88d with this amendment
Amendment 1590 applied to the Commission proposal, no other amendment
Where the processing of personal data, including the storage of or access to personal data already stored in the terminal equipment of a natural person, is necessary for the delivery and audience measurement of both programmes and advertising provided by audiovisual media services of general interest, as referred to in Article 7a of Directive 2010/13/EU, such processing shall be carried out on the basis of legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679. This shall apply except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data, in particular where the data subject is a child. Any such processing shall be subject to appropriate organisational and technical measures, as well as safeguards to protect the rights and freedoms of the data subject. These measures and safeguards shall be set out in a sectoral code of conduct established in accordance with Article 40(2)(b) of Regulation (EU) 2016/679 and approved pursuant to Article 40(5) thereof.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88d (new).
Cite this amendment
Amendment 1590 (François-Xavier Bellamy), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), pp. 21–22
Link, short form and official text
Amendment 1590 (François-Xavier Bellamy), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), pp. 21–22
ITRE–LIBE Amendment 1590 (CJ72-AM-791874), p. 21