Amendment 246· GDPR Article 13(4)
−Deletion
Text of the amendment
As tabled
Wording it would delete
4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.
Struck CommissionHighlighted amendment
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 13(4)
Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.
Commission proposalCOM(2025) 837
4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.
Council text of 22 October 2026ST 14756/26, Article 13(5)
5 Paragraphs 1, 2 and 3 shall not apply if and to the extent that:
a)there are reasonable grounds to believe that the data subject already has the information referred to in points (a) and (c) of paragraph 1, and
b)the processing is not likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.
This paragraph shall not apply where the processing requires complex processing operations, the processing of large amounts of personal data, or personal data referred to in Articles 9 and 10.’
Cite this amendment
Amendment 246 (Arash Saeidi), 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. 142
Link, short form and official text
Amendment 246 (Arash Saeidi), 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. 142
JURI Amendment 246 (JURI-AM-790236), p. 142