Amendment 74· EUDPR Article 39(4)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
4. The lists, the template and methodology adoptedestablished by the CommissionBoard and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
Struck CommissionHighlighted amendment
EUDPR Article 39 with this amendment
Amendment 74 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
a systematic monitoring of a publicly accessible area on a large scale.
The lists, the template and methodology adoptedestablished by the CommissionBoard and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
Unchanged: (7), (8), (9), (10) and (11)
The assessment shall contain at least:
a systematic description of the envisaged processing operations and the purposes of the processing;
an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.
Struck removed Highlighted added Full text on the EUDPR Article 39 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceEUDPR, Article 39(4)
The European Data Protection Supervisor shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1.
Commission proposalCOM(2025) 837
4. The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
Council text of 22 October 2026ST 14756/26
4.The lists, the template and methodology referred to in Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
Cite this amendment
Amendment 74 (draft report by Aura Salla and Marina Kaljurand), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, draft report on COM(2025) 837 (CJ72-PR-786818, PE786.818v01-00, 22 June 2026), p. 49
Link, short form and official text
Amendment 74 (draft report by Aura Salla and Marina Kaljurand), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, draft report on COM(2025) 837 (CJ72-PR-786818, PE786.818v01-00, 22 June 2026), p. 49
ITRE–LIBE Amendment 74 (CJ72-PR-786818), p. 49