Amendment 923· GDPR Article 2(4a)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
No equivalent-1 Article 2 is amended by adding the following paragraph:
Wordingagainst the Commission’s
4a. Articles [19, 20, 27, 30, 35 to 39] of this Regulation do not apply to small controllers."
Struck CommissionHighlighted amendment
GDPR Article 2 with this amendment
Amendment 923 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3) and (4)
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
This Regulation does not apply to the processing of personal data:
in the course of an activity which falls outside the scope of Union law;
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
by a natural person in the course of a purely personal or household activity;
by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.
This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
Articles [19, 20, 27, 30, 35 to 39] of this Regulation do not apply to small controllers."
+NewJustification
RISK-BASED APPROACH #4: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 2(4a).
Cite this amendment
Amendment 923 (Axel Voss), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 85–86
Link, short form and official text
Amendment 923 (Axel Voss), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 85–86
ITRE–LIBE Amendment 923 (CJ72-AM-791072), p. 85