Digital Omnibus proposal· Recital 26a
Text
Recital 26a Digital Omnibus proposal as printed in the Council text of 22 October 2026
Source Council, 22 October 2026. Recital 26a: ST 14756/26, page 22 · exact text page
While Member State are required to designate one or more competent authorities to be responsible for the application and enforcement of Regulation (EU) 2023/2854 (competent authorities), uncertainty persists about the role of supervisory authorities responsible for monitoring and enforcement of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 under Regulation (EU) 2023/2854. Regulation (EU) 2023/2854 recalls that Regulation (EU) 2016/679 applies to the processing of personal data by private and public authorities of the Member States and Regulation (EU) 2018/1725 applies to the processing of personal data by all Union institutions and bodies when these organisations are data holders, data users or third parties under this regulation. It further stipulates that the powers and competences of supervisory authorities under Regulation (EU) 2016/679 and (EU) 2017/1725 remain unaffected by Regulation (EU) 2023/2854. In addition, the current rules of Regulation (EU) 2023/2854 state that these authorities are responsible for monitoring the application of Regulation (EU) 2023/2854 insofar as the protection of personal data is concerned and impose fines for the infringement of this regulation. To clarify the role and responsibilities of the supervisory authorities responsible for monitoring and enforcing Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 when personal data are processed pursuant to this regulation and to increase legal certainty, it is necessary to amend Regulation (EU) 2023/2854 by clarifying that the supervisory authorities responsible for monitoring the application of Regulation (EU) 2016/679 should be responsible for monitoring the application of Regulation (EU) 2023/2854 insofar as the protection of personal data is concerned. As a consequence of this clarification, Articles 40(4) and (5) of that Regulation should be deleted.
How the recitals changed
Each text against the text before it
| Recital | Commission19 Nov 2025Rec 26 | Council21 May 2026 | Council10 Jun 2026Rec 26–26c | Council18 Jun 2026Rec 26–26c | Council3 Sep 2026Rec 26–26c | Council2 Oct 2026Rec 26–26c | Council22 Oct 2026Rec 26–26c |
|---|---|---|---|---|---|---|---|
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Recital 26 | 26 Added | In neither text | 26 Changed | 26 Unchanged | 26 Changed | 26 Unchanged | 26 Unchanged |
| Recital 26a | In neither text | In neither text | 26a Added | 26a Unchanged | 26a Unchanged | 26a Changed | 26a Unchanged |
| Recital 26b | In neither text | In neither text | 26b Added | 26b Unchanged | 26b Unchanged | 26b Unchanged | 26b Unchanged |
| Recital 26c | In neither text | In neither text | 26c Added | 26c Unchanged | 26c Unchanged | 26c Unchanged | 26c Unchanged |
Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text
Parliament amendments propose other recitals under these numbers: Recital 26a (new), Recital 26b (new), Recital 26c (new) and Recital 26d (new).