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Digital Omnibus tracker

Digital Omnibus proposal

Recital 36b

Compare the available Commission, Council and Parliament texts and amendments affecting this recital.

Recital total: 1 part · 0 Council drafts · 1 Parliament amendment

Source notes (1)
  • No Commission counterpart is printed for this Parliament-proposed recital.

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

The wording proposed by the Commission at the start of this legislative file.

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Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

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Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Additional proposed wording Amendment 349 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(36b)

Micro, small and medium-sized enterprises and small mid-caps which are not related undertakings should be able to designate a single data protection officer jointly, provided that the officer is easily accessible from each establishment and that the conditions of independence and absence of conflict of interest laid down in Articles 38 and 39 are met in respect of each controller concerned. Such pooling reduces compliance costs without lowering the level of protection, and should not result in the officer being placed in a position of dependence in relation to any of the controllers concerned.

Justification

The cost of a dedicated DPO is prohibitive for small structures. Pooling across unrelated undertakings is possible provided that accessibility and independence are guaranteed for each controller.