Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 35a

Text

Recital 35a Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 35a: ST 14756/26, page 36 · exact text page

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.

How the recitals changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 35Council21 May 2026Rec 35–35aCouncil10 Jun 2026Rec 35–35aCouncil18 Jun 2026Rec 35–35aCouncil3 Sep 2026Rec 35–35aCouncil2 Oct 2026Rec 35–35aCouncil22 Oct 2026Rec 35–35a
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 35 35 Added 35 Changed 35 Unchanged 35 Unchanged 35 Changed 35 Changed 35 Unchanged
Recital 35a In neither text 35a Added 35a Changed 35a Unchanged 35a Unchanged 35a Unchanged 35a 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 35a (new).