Recital 33a (new)
Only Parliament amendments propose this recital. Parliament committees have tabled 2 amendments to this recital.
Latest text22 October 2026ST 14756/26
Contains no amendment to this recital.
Numbering
Only Parliament amendments propose this recital. The Commission proposal and the Council texts number other recitals 33–33a: Recitals 33 and 33a.
Parliament amendments
2 amendments to this recital
2 would add wording.
| Type | EPP | ECR | PfE |
|---|---|---|---|
| + Addition | 1 | 1 | 1 |
By political group
- + Addition EPP 1 ECR 1 PfE 1
309 +Addition Julie Rechagneux +8ECR, PfE · ITRE–LIBE “The processing of personal data within an AI regulatory sandbox established pursuant to Regulation (EU) 2024/1689, or in the course of testing in…” numbered 33a
(33a)The processing of personal data within an AI regulatory sandbox established pursuant to Regulation (EU) 2024/1689, or in the course of testing in real-world conditions, remains subject in full to Regulation (EU) 2016/679. Participation in a sandbox does not constitute a legal basis for processing, nor does it exempt the controller from the balancing test, from the obligation to carry out a data protection impact assessment, or from the rights of data subjects. The requirements of human oversight laid down in Article 14 of Regulation (EU) 2024/1689, and the classification of a system as high-risk under that Regulation, apply in addition to, and not in substitution for, the safeguards of Regulation (EU) 2016/679.
Justification
Clarifies the interplay between AI sandboxes and real-world testing and GDPR Regulation.
- 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 33a (new)
- Document
- ITRE–LIBE amendments 251–400 to the draft report
- Printed header
- Recital 33 a (new)
310 +Addition Oliver Schenk +12EPP · ITRE–LIBE “To ensure legal certainty and support the responsible development and use of artificial intelligence in the Union, it should be clarified that…” numbered 33a
(33a)To ensure legal certainty and support the responsible development and use of artificial intelligence in the Union, it should be clarified that processing of personal data in the context of development, deployment, training, testing, operation and improvement of AI systems or models, including related products and services, may constitute a lawful ground under this Regulation where the conditions laid down in Article 9(2), point (k), are met.
- Tabled by
- Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Andrea Wechsler, François-Xavier Bellamy, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal
- Group
- EPP
- Targets
- Digital Omnibus proposal Recital 33a (new)
- Document
- ITRE–LIBE amendments 251–400 to the draft report
- Source
- Official text, page 61
- Printed header
- Recital 33 a (new)