Amendment 248· GDPR Article 3(7)
−Deletion
Text of the amendment
As tabled
Wording it would delete
7. In Article 22, paragraphs 1 and 2 are replaced by the following:
1. A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision:
(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means;
(b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
(c) is based on the data subject’s explicit consent.’
Struck CommissionHighlighted amendment
GDPR Article 22 with this amendment
Amendment 248 applied to the Commission proposal, no other amendment
A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision:The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means;
is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
is based on the data subject’s explicit consent.
Paragraph 1 shall not apply if the decision:
+Newis necessary for entering into, or performance of, a contract between the data subject and a data controller;
+Newis authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
+Newis based on the data subject’s explicit consent.
+NewUnchanged: (3) and (4)
In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.
Struck removed Highlighted added Full text on the GDPR Article 22 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 3(7).
Cite this amendment
Amendment 248 (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), pp. 143–144
Link, short form and official text
Amendment 248 (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), pp. 143–144
JURI Amendment 248 (JURI-AM-790236), p. 143