Amendment 926· GDPR Article 2(4) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
– In Article 2, a new paragraph is added after paragraph 4
Wording it would add
4a.Member States shall ensure that the processing of personal data that is exempted from the scope of this Regulation pursuant to paragraphs […] is subject to the obligations of other laws than data protection law, including legislation on the protection of private and family life, contract law, tort law, unfair competition law, consumer law, labor law and criminal law. These other laws shall meet objectives of general interest, especially the free flow of data, and, subject to the principle of proportionality, strike a fair balance between all persons involved in or affected by the data processing."
GDPR Article 2 with this amendment
Amendment 926 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.
Member States shall ensure that the processing of personal data that is exempted from the scope of this Regulation pursuant to paragraphs […] is subject to the obligations of other laws than data protection law, including legislation on the protection of private and family life, contract law, tort law, unfair competition law, consumer law, labor law and criminal law. These other laws shall meet objectives of general interest, especially the free flow of data, and, subject to the principle of proportionality, strike a fair balance between all persons involved in or affected by the data processing."
+NewJustification
SCOPE EXCLUSION #2: 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
No Council text amends Article 2(4) (new).
Cite this amendment
Amendment 926 (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), p. 89
Link, short form and official text
Amendment 926 (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), p. 89
ITRE–LIBE Amendment 926 (CJ72-AM-791072), p. 89