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Recital 40

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

Recital total: 1 part · 4 Council drafts · 7 Parliament amendments

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.

Commission source wording and instructions

Recital 40

Commission proposal

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.

Institutional text

Council Presidency texts

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

Recital 40

May Presidency compromise

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 establish and make public a common template and a common methodology for conducting data protection impact assessments . 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.

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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Political group at the amendment date where available; otherwise the current Parliament affiliation.

Alternative wording Amendment 8 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(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 preparedestablished and made public by the European Data Protection Board. When establishing the lists, due account should be taken of the nature, scope, context and adoptedpurposes byof the Commissionprocessing asand anthe implementingrisk actto 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.
Alternative wording Amendment 132 · Emil Radev JURI
(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.
Alternative wording Amendment 388 · Diana Iovanovici Şoşoacă ITRE · LIBE
(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.
Alternative wording Amendment 389 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
(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. 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 preparedestablished by the Board, and the Commission is empowered to decide that the lists as established by the Board andhave adoptedgeneral validity within the Union by theway Commission asof 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.
Alternative wording Amendment 390 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(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.
Alternative wording Amendment 391 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(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.
Alternative wording Amendment 392 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Eva Maydell, Oliver Schenk, Christian Ehler ITRE · LIBE
(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.