Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 40

Text

Recital 40 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 40: ST 14756/26, page 42 · exact text page

Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be established and made public by the Board. In establishing the lists, due account should be taken of the nature, scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons . In order to facilitate compliance by controllers, the Board should also prepare a common template and a common methodology for conducting data protection impact assessments, to be adopted by the Commission as an implementing act. The Commission should take due account of the proposals prepared by the Board and review them, as necessary, prior to adoption by mean of an implementing act. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary.

How the recitals changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 40Council21 May 2026Rec 40–40aCouncil10 Jun 2026Rec 40–40aCouncil18 Jun 2026Rec 40–40aCouncil3 Sep 2026Rec 40–40bCouncil2 Oct 2026Rec 40–40bCouncil22 Oct 2026Rec 40–40b
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 40 40 Added 40 Changed 40 Unchanged 40 Unchanged 40 Changed 40 Unchanged 40 Unchanged
Recital 40a In neither text 40a Added 40a Changed 40a Unchanged 40a Changed 40a Unchanged 40a Unchanged
Recital 40b In neither text In neither text In neither text In neither text 40b Added 40b Changed 40b 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 40a (new).

Parliament amendments

7 amendments to this recital

7 propose alternative wording.

By political group; co-sponsored amendments count for each group
TypeGreens/EFARenewEPPECRNIRapporteur
~ Alternative112111

By political group

  • ~ Alternative Greens/EFA 1 Renew 1 EPP 2 ECR 1 NI 1 Rapporteur 1
  1. 8 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “The Commission may adopt, by means of an implementing act, the common template as established by the Board, as well as updates to the common…”

    (40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, thethat Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be prepared by the Board and adopted by the Commission as an implementing act.The lists of processing operations should be established and made public by the European Data Protection Board. When establishing the lists, due account should be taken of the nature, scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons. In order to facilitate compliance by controllers, the Board should also prepareestablish and make public a common template and a common methodology for conducting data protection impact assessments, to be adopted by the Commission as an implementing act. The Commission should take due account of the proposals prepared by the Board and review them, as necessary, prior to adoption. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary. The Commission may adopt, by means of an implementing act, the common template as established by the Board, as well as updates to the common template, where necessary.

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Digital Omnibus proposal Recital 40
    Document
    ITRE–LIBE draft report
    Printed header
    Recital 40
  2. 132 Alternative Emil RadevEPP · JURI “Article 35 of Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is…”

    (40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be prepared by the Board and adopted by the Commission as an implementing act. In order to facilitate compliance by controllers, the Board should also prepare a common template and a common methodology for conducting data protection impact assessments, to be adopted by the Commission as an implementing act. The Commission should take due account of the proposals prepared by the Board and review them, as necessary, prior to adoption. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 40
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 40
  3. 388 Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “In addition, the Commission must regularly monitor the implementation of these provisions, draw up monitoring reports to be sent to Parliament and…”

    (40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be prepared by the Board and adopted by the Commission as an implementing act. In order to facilitate compliance by controllers, the Board should also prepare a common template and a common methodology for conducting data protection impact assessments, to be adopted by the Commission as an implementing act, as well as possible sanctions for data breaches. The Commission should take due account of the proposals prepared by the Board and review them, as necessary, prior to adoption. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary. In addition, the Commission must regularly monitor the implementation of these provisions, draw up monitoring reports to be sent to Parliament and the Council, and inform them of any necessary revisions.

    Tabled by
    Diana Iovanovici Şoşoacă
    Group
    NI
    Targets
    Digital Omnibus proposal Recital 40
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 40
  4. 389 Alternative Markéta GregorováGreens/EFA · ITRE–LIBE “For processing operations that are on none of the lists, the controller is required to assess the need for a data protection impact assessment.”

    (40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be prepared by the Board and adopted by the Commission as an implementing act.For processing operations that are on none of the lists, the controller is required to assess the need for a data protection impact assessment. The lists of processing operations should be established by the Board, and the Commission is empowered to decide that the lists as established by the Board have general validity within the Union by way of an implementing act. In order to facilitate compliance by controllers, the Board should also establish prepare a common template and a common methodology for conducting data protection impact assessments, to be adopted byand the Commission asis anempowered implementingto act.decide The Commission should take due account ofthat the proposalscommon preparedtemplate and the common methodology as established by the Board andhave reviewgeneral them,validity aswithin necessary,the priorUnion toby adoptionway of an implementing act. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary.

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 40
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 40
  5. 390 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “This has resulted in significant fragmentation across Member States, making it increasingly difficult for European businesses, particularly SMEs and…”

    (40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. This has resulted in significant fragmentation across Member States, making it increasingly difficult for European businesses, particularly SMEs and micro-enterprises to expand and grow. In order to effectively contribute to the aim of convergence of the economies and to effectively encourage innovation, promote competitiveness, ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replaceserve theas existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatoryguidance. The lists of processing operations should be prepared by the Board and adopted by the Commission asafter anconsulting implementingthe actEuropean Parliament and Member States. In order to facilitate compliance by controllers, the Board should also prepare a common template and a common methodology for conducting data protection impact assessments, to be adopted by the Commissionserve as anguidance implementingfor act.national The Commission should take due account of the proposals prepared by the Board and review them, as necessary, prior to adoptionauthorities. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary.

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 40
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 40
  6. 391 Alternative Irena Joveva +5Renew · ITRE–LIBE “The Commission may adopt, by means of an implementing act, the common template as established by the Board, as well as its updates where necessary.”

    (40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be preparedestablished and made public by the Board and adopted by the Commission as an implementing act. In order to facilitate compliance by controllers, the Board should also prepare a common template and a common methodology for conducting data protection impact assessments, to be adopted by the Commission as an implementing act. The Commission should take due account of the proposals prepared by the Board and review them, as necessary, prior to adoption. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary. The Commission may adopt, by means of an implementing act, the common template as established by the Board, as well as its updates where necessary.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    Digital Omnibus proposal Recital 40
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 40
  7. 392 Alternative Aura Salla +6EPP · ITRE–LIBE “Article 35 of Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is…”

    (40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be prepared by the Board and adopted by the Commission as an implementing act. In order to facilitate compliance by controllers, the Board should also prepare a common template and a common methodology for conducting data protection impact assessments, to be adopted by the Commission as an implementing act. The Commission should take due account of the proposals prepared by the Board and review them, as necessary, prior to adoption. In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Eva Maydell, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 40
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 40