Amendment 365· Digital Omnibus proposal Recital 38
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(38) Article 22 of Regulation (EU) 2016/679 provides for rules governing the processing of personal data when the data controller makes decisions which have legal effects or similarly significant effects on the data subject, based solely on automated processing. In order to provide greater legal certainty, it should be clarified that decisions based solely on automated processing are allowed when specific conditions are met, as set out in Regulation (EU) 2016/679. It should also be clarified that when assessing whether a decision is necessary for entering into, or performance of, a contract between the data subject and a data controller, as set out in Article 22(2)(a) of Regulation (EU) 2016/679, it should not be required that the decision could be taken only by solely automated processing. This means that the fact that the decision could also be taken by a human does not prevent the controller from taking the decision by solely automated processing. When several equally effective automated processing solutions exist, the controller should use the less intrusive one. For the purposes of illustration, decisions which produce legal effects concerning the data subject, or similarly significantly affecting the data subject, within the meaning of Article 22, include creditworthiness assessment systems applied to undertakings in the agricultural sector, algorithmic systems for determining premiums for agricultural insurance policies, including parametric insurance policies, automated systems for processing applications for payments under the common agricultural policy, and automated pricing decisions applied by platforms acting as intermediaries in, or selling, agricultural production inputs. In proceedings involving decisions of that nature, the data subject’s right to obtain human intervention pursuant to Article 22(3) shall include the right to obtain a comprehensible explanation of the factors determining the outcome and the right to have the decision reviewed by a person possessing technical expertise relevant to the agricultural sector.
Struck CommissionHighlighted amendment
Justification
La casistica applicativa dell’articolo 22 del regolamento (UE) 2016/679 e la prassi dello European Data Protection Board si sono concentrate prevalentemente su altri settori (bancario in senso stretto, sanitario, sicurezza pubblica), con conseguente rischio di marginalizzazione interpretativa del settore agricolo. L’emendamento introduce un ancoraggio settoriale nel considerando, senza modificare il dispositivo dell’articolo, ed è coerente con l’emendamento 53 del Draft Report ITRE-LIBE, che qualifica come «significativo» l’intervento umano richiesto ai sensi del paragrafo 3.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
Article 22 of Regulation (EU) 2016/679 provides for rules governing the processing of personal data when the data controller makes decisions which have legal effects or similarly significant effects on the data subject, based solely on automated processing. In order to provide greater legal certainty, it should be clarified that decisions based solely on automated processing are allowed when specific conditions are met, as set out in Regulation (EU) 2016/679. It should also be clarified that when assessing whether a decision is necessary for entering into, or performance of, a contract between the data subject and a data controller, as set out in Article 22(2)(a) of Regulation (EU) 2016/679, it should not be required that the decision could be taken only by solely automated processing. This means that the fact that the decision could also be taken by a human does not prevent the controller from taking the decision by solely automated processing When several equally effective automated processing solutions exist, the controller should use the less intrusive one.
Council text of 22 October 2026ST 14756/26
Article 22 of Regulation (EU) 2016/679 provides that data subject has the right not to be subject to a decision based solely on automated processing, except when specific conditions are met and in accordance with rules governing the processing of personal data when the controller makes decisions which have legal effects concerning the data subject or similarly significant effects on the data subject, based solely on automated processing. In order to provide greater legal certainty, it should be clarified that when assessing whether a decision based solely on automated processing is necessary for entering into, or performance of, a contract between the data subject and a controller, as set out in Article 22(2)(a) of Regulation (EU) 2016/679, it should not be required that the decision could be taken only by solely automated processing. The fact that the decision could also be taken by a human does not prevent the controller from taking the decision by solely automated processing. When several equally effective automated processing solutions exist, the controller should use the less intrusive one.
Cite this amendment
Amendment 365 (Dario Nardella), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 251–400 to the draft report on COM(2025) 837 (CJ72-AM-790967, PE790.967v01-00, 27 July 2026), pp. 128–130
Link, short form and official text
Amendment 365 (Dario Nardella), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 251–400 to the draft report on COM(2025) 837 (CJ72-AM-790967, PE790.967v01-00, 27 July 2026), pp. 128–130
ITRE–LIBE Amendment 365 (CJ72-AM-790967), p. 128