Digital Omnibus proposal — Recital 35a

Recital total: 1 part · 4 Council drafts · 1 Parliament amendment

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Recital 35a

May Presidency compromise

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

Recital 35a 4 Council drafts

Recital 35a

21 May 2026 · May Presidency compromise

Recital 35a

10 June 2026 · June Presidency compromise · 10 June

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

Recital 35a

18 June 2026 · June Presidency compromise · 18 June

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

Recital 35a

3 September 2026 · September Presidency compromise

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

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New operation deleting existing wording Amendment 334 ITRE · LIBE

new Parliament proposal instruction expressly deletes existing law

(35a)

In accordance with the case-law of the Court of Justice of the European Union (judgment of 5 July 2012, Content Services, C-49/111a), the possibility of accessing mandatory information solely via a hyperlink does not satisfy the requirements that apply to the effective provision of information, as the data subject is unable to store the information permanently and in a form that does not change. These principles, developed in Directive 2011/83/EU2a on consumer rights, should be transferred to the duties to provide information under data protection law, to ensure that data subjects are also able to demonstrate and exercise their rights retrospectively, for example in the event of a dispute.

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1a CJEU C-49/11 (Content Services), ECLI identifier: ECLI:EU:C:2012:419

2a Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64–88, ELI: http://data.europa.eu/eli/dir/2011/83/oj)

Justification

Expanded justification relating to Article 12(1a) (new) on the provision of information under Article 13 or 14 in the form of a downloadable file.

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Recital 35a

Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26

Changes in context

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

RemovedAdded

Both texts in full

Council Presidency text · ST 9547/26

Council Presidency text · ST 10426/26

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

Recital 35a

Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26

Changes in context

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

RemovedAdded

Both texts in full

Council Presidency text · ST 10426/26

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

Council Presidency text · ST 10677/26

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

Recital 35a

Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26

Changes in context

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

RemovedAdded

Both texts in full

Council Presidency text · ST 10677/26

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.

Council Presidency text · ST 12535/26

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.