Digital Omnibus proposal — Recital 40a

Recital total: 1 part · 4 Council drafts · 2 Parliament amendments

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Recital 40a

May Presidency compromise

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council6 applies to the

Recital 40a 4 Council drafts

Recital 40a

21 May 2026 · May Presidency compromise

Recital 40a

10 June 2026 · June Presidency compromise · 10 June

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

Recital 40a

18 June 2026 · June Presidency compromise · 18 June

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

Recital 40a

3 September 2026 · September Presidency compromise

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. The consistent application of Regulation (EU) 2016/679 should also contribute to innovation and competitiveness of the Union.

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Additional proposed wording Amendment 393 ITRE · LIBE

(40a)

Where, in respect of the same processing operation, a controller is required to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 and is also subject to an obligation to carry out a fundamental rights impact assessment under Article 27 of Regulation (EU) 2024/1689, or to a reporting obligation in respect of automated monitoring or decision-making systems under other Union law, those obligations may be satisfied by means of a single integrated assessment. Such an assessment satisfies each of those obligations only where it covers all the elements required by each applicable provision; the substantive requirements, thresholds and triggering conditions laid down in those provisions remain unaffected. The integrated assessment should be made available to each competent authority within the framework of its respective competences and should not be required to be submitted to a single authority. The single Union list of processing operations subject to a data protection impact assessment should reflect processing operations presenting genuinely high risks to the rights and freedoms of natural persons, and should not consist of the accumulation of the requirements laid down in national lists.

Justification

Vertically integrated operators face a triple documentation burden for one and the same activity. The amendment mutualises the documentary instrument.

Additional proposed wording Amendment 394 ITRE · LIBE

(40a)

Regulation (EU) 2016/679 follows a technology-neutral, risk-based and purpose-driven approach to the processing of personal data. The lawfulness of processing should be determined by reference to a specific and legitimate purpose and an assessment of the risks posed to the rights and freedoms of natural persons, taking into account the nature, scope, context and purposes of the processing. Where personal data are processed through the terminal equipment of natural persons, and the available indicators demonstrate that the likelihood and severity of risks to those rights and freedoms are limited, reliance on legal bases other than consent may be justified, where appropriate.

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Recital 40a

Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26

Changes in context

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the ~~Council6~~Council16 applies to the

RemovedAdded

Both texts in full

Council Presidency text · ST 9547/26

Council Presidency text · ST 10426/26

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

Recital 40a

Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26

Changes in context

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

RemovedAdded

Both texts in full

Council Presidency text · ST 10426/26

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

Council Presidency text · ST 10677/26

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

Recital 40a

Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26

Changes in context

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. The consistent application of Regulation (EU) ~~2018~~2016/~~1725~~679 should also contribute to innovation and competitiveness of the ~~European Parliament and of the Council16 applies to the~~Union.

RemovedAdded

Both texts in full

Council Presidency text · ST 10677/26

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

Council Presidency text · ST 12535/26

In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted by the Board, is consistent and does not contradict those issued by the Board, including by updating or repealing national relevant guidelines, recommendations and best practices when necessary. It is also important that national supervisory authorities and the Board duly consider matters of consistent application of this Regulation, including when such matters are identified and brought to their attention by controllers or other relevant stakeholders. The consistent application of Regulation (EU) 2016/679 should also contribute to innovation and competitiveness of the Union.