Digital Omnibus proposal· Recital 32

Analysis in our dossiers: Scientific research and commercial R&D

Text

Recital 32 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 32: ST 14756/26, page 30 · exact text page

The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research can follow public interest within the meaning of Article 6(1)(e) of Regulation (EU) 2016/679 or be based on Member States and Union law. The processing of personal data for the purpose of scientific research may also be necessary for the purposes of the legitimate interests pursued by a controller or by a third-party within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

How the recital changed

Each text against the text before it

Recital	Commission19 Nov 2025Rec 32	Council21 May 2026Rec 32	Council10 Jun 2026Rec 32	Council18 Jun 2026Rec 32	Council3 Sep 2026Rec 32	Council2 Oct 2026Rec 32	Council22 Oct 2026Rec 32
Compared with	law in force	the proposal	21 May text	10 Jun text	18 Jun text	3 Sep text	2 Oct text
Recital 32	32 Added	32 Changed	32 Unchanged	32 Unchanged	32 Unchanged	32 Unchanged	32 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 32a (new) and Recital 32b (new).

Parliament amendments

14 amendments to this recital

2 amendments would delete the whole recital: members of Greens/EFA.

By political group; co-sponsored amendments count for each group
Type	The Left	S&D	Greens/EFA	EPP	ECR	NI	Rapporteur
− Deletion	·	·	2	·	·	·	·
~ Alternative	2	2	1	4	1	1	1

By political group

− Deletion Greens/EFA 2
~ Alternative The Left 2 S&D 2 Greens/EFA 1 EPP 4 ECR 1 NI 1 Rapporteur 1

Show

All14 − Deletion2~ Alternative12

3 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “of the Charter of Fundamental Rights of the European Union (the ‘”

(32) The processing of personal data for scientific research purposes and the application of the ~~GDPR’s~~ provisions on scientific research of Regulation (EU) 2016/679 are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) ~~GDPR~~of Regulation (EU) 2016/679. To that end, the GDPR ~~balances~~seeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 of the Charter of Fundamental Rights of the European Union (the ‘CFREU’), ~~with~~and the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Rapporteurs
Aura Salla and Marina Kaljurand
Group
Rapporteurs
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE draft report
Source
Official text, page 7
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
119 Deletion David CormandGreens/EFA · JURI Deletes the recital

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
David Cormand
Group
Greens/EFA
Targets
Digital Omnibus proposal Recital 32
Document
JURI amendments 69–296 to the draft opinion
Source
Official text, pages 49–50
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
167 Deletion David CormandGreens/EFA · IMCO Deletes the recital

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
David Cormand on behalf of the Verts/ALE Group
Group
Greens/EFA
Targets
Digital Omnibus proposal Recital 32
Document
IMCO amendments 125–328 to the draft opinion
Source
Official text, page 42
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
168 Alternative Sophia KircherEPP · IMCO “seeks to ensure a proportionate balance between”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR ~~balances~~seeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Sophia Kircher
Group
EPP
Targets
Digital Omnibus proposal Recital 32
Document
IMCO amendments 125–328 to the draft opinion
Source
Official text, page 43
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
281 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “the processing is necessary for the legitimate interests pursued and that those interests are not overridden by the interests or fundamental rights…”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law.Processing for scientific research purposes may, where appropriate, rely on a legal basis provided for in Regulation (EU) 2016/679. Where a controller relies on Article 6(1)(f), it must demonstrate, in the specific circumstances of the processing, that the processing is necessary for the legitimate interests pursued and that those interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Ordinary product optimisation, behavioural advertising, engagement optimisation, commercial profiling, customer analytics, or the development, training or optimisation of artificial intelligence systems shall not qualify as scientific research merely because they involve systematic analysis, testing or technical experimentation. This is without prejudice to legitimate public-interest, qualitative, critical, civil society or participatory research, where carried out according to recognised methodological and ethical standards and subject to appropriate safeguards under Article 89(1). This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Pernando Barrena Arza
Group
The Left
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 31–32
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
282 Alternative Verena MertensEPP · ITRE–LIBE “Directive (EU) 2016/680 constitutes the lex specialis governing the processing of personal data by competent authorities for law enforcement purposes…”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. Directive (EU) 2016/680 constitutes the lex specialis governing the processing of personal data by competent authorities for law enforcement purposes and provides the specific data protection framework applicable to such processing. The obligations laid down in this Regulation should therefore be interpreted and applied in a manner that avoids unnecessary duplication of safeguards and administrative obligations already ensured under Directive (EU) 2016/680 and national law. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Verena Mertens
Group
EPP
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 32–33
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
283 Alternative Marina Kaljurand +8S&D · ITRE–LIBE “seeks to ensure a proportionate balance between”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR ~~balances~~seeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 CFREU, ~~with~~and the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

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 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, page 33
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
284 Alternative Angelika WinzigEPP · ITRE–LIBE “appropriate safeguards ensuring the rights and freedoms of data subjects pursuant to Article 89(1) Regulation (EU) 2016/679, is necessary in order to…”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR.The adoption of appropriate safeguards ensuring the rights and freedoms of data subjects pursuant to Article 89(1) Regulation (EU) 2016/679, is necessary in order to process personal data for scientific research purposes and to apply the provisions on scientific research of Regulation (EU) 2016/679. To that end, the GDPR ~~balances~~seeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 of the Charter of Fundamental Rights of the European Union (the ‘CFREU’), ~~with~~and the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Angelika Winzig
Group
EPP
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 33–34
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
285 Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “and the informed consent of the data subjects who are the subject of the research has been obtained”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law and the informed consent of the data subjects who are the subject of the research has been obtained. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Diana Iovanovici Şoşoacă
Group
NI
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 34–35
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
286 Alternative Alex Agius SalibaS&D · ITRE–LIBE “be necessary for the purposes of”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR aims at ensuring proportionate balances between the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research ~~therefore~~may ~~pursues~~be necessary for the purposes of a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Alex Agius Saliba
Group
S&D
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 35–36
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
287 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “which may also pursue an additional commercial interest”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research, which may also pursue an additional commercial interest, are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Sebastian Tynkkynen, Diego Solier
Group
ECR
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 36–37
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
288 Alternative Markéta GregorováGreens/EFA · ITRE–LIBE “The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional…”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore ~~pursues~~can abe ~~legitimate~~considered ~~interest~~compatible ~~within~~with the ~~meaning~~purpose offor ~~Article~~which ~~6(1)(f)~~the ofpersonal ~~Regulation~~data ~~(EU)~~originally ~~2016/679~~was collected, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of ~~Article 6(1)(f) of~~ Regulation (EU) 2016/679 ~~as well as all other requirements and principles of that Regulation~~ are met.

Tabled by
Markéta Gregorová on behalf of the Verts/ALE Group
Group
Greens/EFA
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, page 37
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
289 Alternative Aura Salla +6EPP · ITRE–LIBE “seeks to ensure a proportionate balance between”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR ~~balances~~seeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Tabled by
Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Eva Maydell, Oliver Schenk, Christian Ehler
Group
EPP
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 37–38
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment
290 Alternative João OliveiraThe Left · ITRE–LIBE “is not contrary to Union or Member State law. Where the controller intends to process data in pursuit of”

(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR ~~balances~~should aim to strike an appropriate and sensible balance between the right to protection of personal data, pursuant to Article 8 CFREU, ~~with~~and the freedom of science, pursuant to Article 13 CFREU., ~~The~~provided ~~processing of personal data for~~that the ~~purpose of~~ scientific research ~~therefore~~conducted ~~pursues~~is not contrary to Union or Member State law. Where the controller intends to process data in pursuit of a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, ~~provided~~it ~~that~~must ~~such~~ensure ~~research~~mandatory iscompliance ~~not~~with ~~contrary to Union or Member State law. This is without prejudice to the obligation~~all of the ~~controller to ensure that all other~~ conditions of that Article ~~6(1)(f) of Regulation (EU) 2016/679~~ as well as all other requirements and principles of that Regulation ~~are met~~.

Tabled by
João Oliveira
Group
The Left
Targets
Digital Omnibus proposal Recital 32
Document
ITRE–LIBE amendments 251–400 to the draft report
Source
Official text, pages 38–39
Printed header
Recital 32
Links
Link to this amendment
Cite this amendment