Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 39a

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Text

Recital 39a Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 39a: ST 14756/26, page 41 · exact text page

In order to facilitate compliance obligations and the establishment of the contract or other legal act governing the processing by a processor on behalf of the controller, the processor should also be subject to the general obligation of data protection by design and by default under Regulation (EU) 2016/679 to extent it relates to their own obligations under that Regulation. This obligation does not affect the level of responsibility and relationship between the controller and processor, nor does it affect the principle of accountability or the respective obligations of controller and processor as laid down under Article 28 of Regulation (EU) 2016/679). Accordingly, the controller remains solely responsible for determining the purpose and means of processing and for complying with related obligations, while the processor should ensure that data protection by design and by default is applied to its offered means and services to carry out processing.

How the recitals changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 39Council21 May 2026Rec 39–39aCouncil10 Jun 2026Rec 39–39aCouncil18 Jun 2026Rec 39–39aCouncil3 Sep 2026Rec 39–39aCouncil2 Oct 2026Rec 39–39aCouncil22 Oct 2026Rec 39–39a
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 39 39 Added 39 Changed 39 Changed 39 Unchanged 39 Changed 39 Unchanged 39 Unchanged
Recital 39a In neither text 39a Added 39a Changed 39a Unchanged 39a Unchanged 39a Unchanged 39a 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 39a (new).