Texts to 22 Oct 2026

Amendment 238· GDPR Article 5(3)

Addition

Tabled by
Ton Diepeveen and 1 other (PfE)Ton Diepeveen, Pascale Piera
Committee and document
JURI·amendments 69–296 to the draft opinion (JURI-AM-790236, PE790.236v01-00)·29 June 2026
Source
Official text, p. 137·printed header: Article 3 – paragraph 1 – point 2 a (new) / Regulation (EU) 2016/679 / Article 5 – paragraph 3
Targets
Article 5(3) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Amending instruction

2a. After Article 5(3), the following subparagraph is added

Subparagraph it would add

This paragraph shall not apply if the subscriber or user is a natural person, and the information stored or accessed constitutes the processing of personal data.

GDPR Article 5 with this amendment

Amendment 238 applied to the Commission proposal, no other amendment

Unchanged: (1) and (2)
1.

Personal data shall be:

(a)

processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b)

collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);

(c)

adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d)

accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e)

kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f)

processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

2.

The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

3.

This paragraph shall not apply if the subscriber or user is a natural person, and the information stored or accessed constitutes the processing of personal data.

New

Full text on the GDPR Article 5 page

Target

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

No Council text amends Article 5(3).

Cite this amendment

Amendment 238 (Ton Diepeveen and others), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), p. 137

Link, short form and official text
Reference

Amendment 238 (Ton Diepeveen and others), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), p. 137

Short form

JURI Amendment 238 (JURI-AM-790236), p. 137

Entry in the source list