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Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 28

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Scientific research and commercial R&D

Text

Recital 28 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 28: ST 14756/26, page 27 · pp. 27–28 · exact text page

In order to assess whether scientific research activities meet the conditions of scientific research for the purpose of Regulation (EU) 2016/679, account can be taken of elements such as the purpose of the research, the methodological approach and ethical standards applied in the specific area while conducting the research, and adherence to the principles of transparency, reliability, accountability, oversight, verifiability, and rules for research integrity. Transparency could, among other things, involve making research results publicly available with due regard to legitimate limitations to access such as protection of intellectual property and trade secrets. Scientific research activities should be conducted autonomously and independently, free from undue pressure and contribute to the growth of society's general knowledge and wellbeing. This does not exclude that the outcome of scientific research activities may also aim to further commercial or private interests.

It is important that processing for scientific research activities prevent individuals from being subjected to harm or other adverse effects due to their participation in scientific research and respect, amongst others, human autonomy and, to the extent necessary, the notion of consent to participate in research should be used as a safeguard and is to be considered distinctively from consent under Regulation (EU) 2016/679. Scientific research can, amongst others, be part of and support innovation, such as technology or medical development. The fact that scientific research activities are to be conducted autonomously and independently does not exclude that such activities can be mandated and conducted by public authorities or private entities, including small and medium sized undertakings, in academic, industry and other settings . The outcome of scientific research may be applied for public interest, private or commercial purposes.

The qualification of processing as being carried out for scientific research purposes should be assessed and substantiated by the controller on a case-by-case basis, considering the objective characteristics of the research activity, and should not undermine the obligation to apply appropriate safeguards as provided for in Article 89 of Regulation (EU ) 2016/679.

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 28Council21 May 2026Rec 28Council10 Jun 2026Rec 28Council18 Jun 2026Rec 28Council3 Sep 2026Rec 28Council2 Oct 2026Rec 28Council22 Oct 2026Rec 28
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 28 28 Added 28 Changed 28 Changed 28 Unchanged 28 Unchanged 28 Unchanged 28 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

Parliament amendments propose other recitals under these numbers: Recital 28a (new).

Parliament amendments

14 amendments to this recital

3 amendments would delete the whole recital: members of S&D and Greens/EFA.

By political group; co-sponsored amendments count for each group
TypeS&DGreens/EFARenewEPPECRPfE
− Deletion12····
~ Alternative211431

By political group

  • − Deletion S&D 1 Greens/EFA 2
  • ~ Alternative S&D 2 Greens/EFA 1 Renew 1 EPP 4 ECR 3 PfE 1

Show

  1. 111 Deletion David CormandGreens/EFA · JURI Deletes the recital

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 28
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 28
  2. 112 Alternative Victor NegrescuS&D · JURI “Where data are processed for scientific research purposes in the digital sphere, particular attention should be paid to supporting research carried…”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). Where data are processed for scientific research purposes in the digital sphere, particular attention should be paid to supporting research carried out by universities, public-interest organisations and SMEs, and to promoting open science practices, skills development and digital literacy among researchers and students.

    Tabled by
    Victor Negrescu
    Group
    S&D
    Targets
    Digital Omnibus proposal Recital 28
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 28
  3. 113 Alternative Emil RadevEPP · JURI “The Frascati Manual will be the main reference for this assessment.”

    (28) In order to assess whether researchan activity meets the conditions of being scientific research for the purpose of this Regulation, account canshould be taken of elementsthe suchfollowing ascharacteristics: methodologicalnovelty, creativity, uncertainty, systematic and systematic approach applied while conducting the research in the specific areatransferable/reproducible. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).Consideration should also be given to the purpose of the activity, which should primarily aim at new findings, based on original concepts (and their interpretation) or hypotheses. The Frascati Manual will be the main reference for this assessment.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 28
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 28
  4. 158 Deletion David CormandGreens/EFA · IMCO Deletes the recital

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 28
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 28
  5. 159 Alternative Arba KokalariEPP · IMCO “This does not exclude scientific research activities that further commercial interests.”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). This does not exclude scientific research activities that further commercial interests.

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 28
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 28
  6. 233 Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the recital

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  7. 234 Alternative Irena Joveva +5Renew · ITRE–LIBE “should be the conditions applied. Transparency should involve making research results publicly avaliable with due regard to legitimate limitations to…”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as the purpose of the research, methodological and systematic approach and ethical standards applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).Moreover, adherence to the principles of principles of reliability, transparency, honesty, respect and accountability should be the conditions applied. Transparency should involve making research results publicly avaliable with due regard to legitimate limitations to access such as protection of intellectual property and trade secrets. Scientific research activites should be conducted autonomously and independently, free from undue pressure and contribute to the growth of society’s general knowledge and in the public interest. This does not exclude that the outcome of scientific research activities may also aim to further commercial or private interest, provided that the processing operations are functionally separated from commercial monetization, tracking, or profiling activities, contribute to verifiable public knowledge, strictly respect safeguards under Article 89(1), and are not used to circumvent general purpose limitation obligations for proprietary automated modeling. It is important that processing for scientific research activities prevent individuals from being subjected to harm or other infringements of their rights due to their participation in scientific research and respect, amongst others, self-determination and, to the extent necessary, the notion of consent to participate in research should be used as a safeguard and is to be considered distinctively from consent under Regulation (EU) 2016/679.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  8. 235 Alternative Marina Kaljurand +8S&D · ITRE–LIBE “rules for research integrity. Scientific research activities should be conducted autonomously and independently, free from undue pressure and…”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).The qualification of processing as being carried out for scientific research purposes should be based on objective characteristics of the research activity and should not rely solely on the declaration of the controller, nor undermine the obligation to apply appropriate safeguards as provided for in Article 89 of Regulation (EU) 2016/679. In order to assess whether scientific research activities meet the conditions of scientific research for the purpose of Regulation (EU) 2016/679, account should be taken of elements such as the purpose of the research, the methodological approach and ethical standards applied in the specific area while conducting the research, and adherence to the principles of transparency, reliability, accountability, oversight, verifiability, and rules for research integrity. Scientific research activities should be conducted autonomously and independently, free from undue pressure and contribute to the growth of society’s public knowlewge, to public interest or serve the mankind. The results of scientific research should be published and they should be subjected to a double-blind peer review. It is important that scientific research activities prevent individuals from being subjected to harm or other adverse effects due to their participation in scientific research and respect, amongst others, human autonomy and the notion of consent to participate in research, which is to be considered distinctively from consent under Regulation (EU) 2016/679.

    Tabled by
    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
    Group
    S&D
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  9. 236 Alternative Julie Rechagneux +8ECR, PfE · ITRE–LIBE “Scientific research should not include the profiling of natural persons, direct marketing, the monitoring of individuals' behaviour, or activities…”

    (28) Scientific research should not include the profiling of natural persons, direct marketing, the monitoring of individuals' behaviour, or activities whose purpose is to influence or nudge the behaviour of natural persons, even where such activities apply scientific methods. The ethical standards of the relevant research area should be understood as those established within a recognised scientific discipline, and not as standards defined unilaterally by the controller for the purposes of a given processing operation. In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).

    Justification

    The broadening of research purposes must not allow processing whose principal object is behavioural targeting to be re-labelled as scientific research. Nor may the notion of ‘research area’ be defined by the controller itself: the ethical standards invoked must be those of a recognised discipline, failing which the safeguard is circular.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay
    Group
    ECR, PfE
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  10. 237 Alternative Markéta GregorováGreens/EFA · ITRE–LIBE “Transparency may, among other things, involve making research results publicly available, in principle after peer review. The publication of the…”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. ResearchScientific and technology developmentresearch should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). Transparency may, among other things, involve making research results publicly available, in principle after peer review. The publication of the results also contributes to the aim of contributing to the growth of society’s general knowledge. Scientific research may further a subsequent commercial interest. Processing should not be considered scientific research where its primary purpose is commercial product development, advertising, marketing, profiling, service optimisation, or customer analytics.

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  11. 238 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “Pursuing an additional commercial interest should not preclude research from meeting the conditions of scientific research for the purposes of this…”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). Pursuing an additional commercial interest should not preclude research from meeting the conditions of scientific research for the purposes of this Regulation.

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  12. 239 Alternative Tomas Tobé +2EPP · ITRE–LIBE “This does not exclude scientific research activities that further commercial interests.”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). This does not exclude scientific research activities that further commercial interests.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  13. 240 Alternative Aura Salla +7EPP · ITRE–LIBE “The Frascati Manual will be the main reference for this assessment.”

    (28) In order to assess whether researchan activity meets the conditions of being scientific research for the purpose of this Regulation, account canshould be taken of elementsthe suchfollowing ascharacteristics: methodologicalnovelty, creativity, uncertainty, systematic and systematic approach applied while conducting the research in the specific areatransferable/reproducible. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).Consideration should also be given to the purpose of the activity, which should primarily aim at new findings, based on original concepts (and their interpretation) or hypotheses. The Frascati Manual will be the main reference for this assessment.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Adina Vălean, Andrea Wechsler, Eva Maydell, Pekka Toveri, Christian Ehler
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28
  14. 241 Alternative Ondřej KrutílekECR · ITRE–LIBE “In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements…”

    (28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).

    Justification

    It might be too much to require the research to be reliable, in particular on the scientific frontier. Verifiability in the Popperian sense (falsifiability) should be required, however questionable is whether adding sometimes unclear and sometimes contradictory notions of ‘autonomy’ and ‘oversight’ or ‘independence’ and ‘accountability’ would clarify the definition and simplify its usage.

    Tabled by
    Ondřej Krutílek
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 28
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 28