Amendment 927· GDPR Article 3
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
-1 Article 3 is replaced by the following:
Article 3 as it would readagainst the Commission’s
"Territorial scope 1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. 2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a)the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b)the monitoring of their behaviour as far as their behaviour takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law. 4. This Regulation applies to the storing of information, or gaining of access to information already stored, in terminal equipment of users."
Struck CommissionHighlighted amendment
GDPR Article 3 with this amendment
Amendment 927 applied to the Commission proposal, no other amendment
Unchanged: (1)
This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.
This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a)the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b)the monitoring of their behaviour as far as their behaviour takes place within the Union.
~Amendedthe offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or
the monitoring of their behaviour as far as their behaviour takes place within the Union.
Unchanged: (3)
This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.
This Regulation applies to the storing of information, or gaining of access to information already stored, in terminal equipment of users.
+New Struck removed Highlighted added Full text on the GDPR Article 3 page
Justification
This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 3.
Cite this amendment
Amendment 927 (Marina Kaljurand and others), 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. 90–91
Link, short form and official text
Amendment 927 (Marina Kaljurand and others), 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. 90–91
ITRE–LIBE Amendment 927 (CJ72-AM-791072), p. 90