Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Annex 1a

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

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

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Institutional text

European Commission proposal

All Commission’s changes to GDPR

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 1595 · Axel Voss ITRE · LIBE

"ANNEX Ia

Legitimate interests within the meaning of point (f) of the first subparagraph of Article 6 paragraph 1 include, but are not restricted to:

The fact that a processing operation is covered by subparagraph 1 does not exempt the controller from ensuring that the processing operation is necessary for the purposes of the relevant legitimate interests pursued by the controller or by a third party, and that the interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. In doing so, the controller shall take into account, among others, the possible consequences of the intended processing for data subjects and the existence of appropriate safeguards."

Justification

The package makes Article 6 more predictable by clarifying that anonymisation may require a lawful processing step, recognising safeguarded intra-group administrative transfers, and adding a non-exhaustive Annex of legitimate-interest use cases. This supports consistent application across the Union without creating a blanket permission: necessity, proportionality and the balancing test remain required, especially for children. Commission updates after EDPB consultation keep the framework adaptable to new technologies and business practices.

Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 a (new) / Regulation (EU) 2016/679 / Annex 1a (new)