Texts to 22 Oct 2026

Amendment 924· GDPR Article 2(2)

Alternative

Tabled by
Axel Voss (EPP)
Committee and document
ITRE–LIBE·amendments 777–1052 to the draft report (CJ72-AM-791072, PE791.072v01-00)·27 July 2026
Source
Official text, pp. 86–87·printed header: Article 3 – paragraph -1 a (new) / Regulation (EU) 2016/679 / Article 2 – paragraph 2
Targets
Article 2(2) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Amending instructionagainst the Commission’s

-1 a In Article 2, four new points are added to paragraph 2:

Wordingagainst the Commission’s

2. This Regulation does not apply to the processing of personal data: (a) in the course of an activity which falls outside the scope of Union law; (b) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU; (c) by a natural person in the course of a purely personal or household activity; (d) 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; (da) by natural or legal persons for non-professional or non-commercial purposes; (db) in the course of an activity that is likely to result in a low risk to the rights and freedoms of natural persons; (dc) by micro, small and medium-sized enterprises; (dd) which is of a purely incidental or transitory nature and is carried out for a purpose unrelated to the data subject as an identified or identifiable natural person."

Struck CommissionHighlighted amendment

GDPR Article 2 with this amendment

Amendment 924 applied to the Commission proposal, no other amendment

Unchanged: (1)
1.

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.

2.

This Regulation does not apply to the processing of personal data:

Amended
Unchanged: (a), (b) and (c)
(a)

in the course of an activity which falls outside the scope of Union law;

(b)

by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;

(c)

by a natural person in the course of a purely personal or household activity;

(d)

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.;

Amended
(da)

by natural or legal persons for non-professional or non-commercial purposes;

New
(db)

in the course of an activity that is likely to result in a low risk to the rights and freedoms of natural persons;

New
(dc)

by micro, small and medium-sized enterprises;

New
(dd)

which is of a purely incidental or transitory nature and is carried out for a purpose unrelated to the data subject as an identified or identifiable natural person."

New
Unchanged: (3) and (4)
3.

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.

4.

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.

Struck removed Highlighted added Full text on the GDPR Article 2 page

Justification

SCOPE EXCLUSION #1: This amendment offers an alternative to the proposed risk-based simplification package by excluding non-commercial, low-risk, SME and purely incidental processing from the GDPR’s full scope. It does not deregulate such processing: Member States must ensure protection through other suitable laws, including private-life, contract, consumer, labour, tort, unfair-competition and criminal law. This reduces disproportionate administrative burdens, supports data flows and focuses GDPR enforcement on processing that creates real risks for individuals.

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

Law in forceGDPR, Article 2(2)

This Regulation does not apply to the processing of personal data:

(a)in the course of an activity which falls outside the scope of Union law;

(b)by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;

(c)by a natural person in the course of a purely personal or household activity;

(d)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.

No Council text amends Article 2(2).

Cite this amendment

Amendment 924 (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. 86–87

Link, short form and official text
Reference

Amendment 924 (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. 86–87

Short form

ITRE–LIBE Amendment 924 (CJ72-AM-791072), p. 86

Entry in the source list