Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Article 12

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

Article total: 7 parts · 4 Council drafts · 44 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

All Commission’s changes to GDPR

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 4 May 2016, with the Commission proposal change affecting this article applied.

Article 12

Transparent information, communication and modalities for the exercise of the rights of the data subject

  1. 1.

    The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

  2. 2.

    The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.

  3. 3.

    The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

  4. 4.

    If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

  5. 5.

    Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either:

    1. (a)

      charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or

    2. (b)

      refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.

  6. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

  7. 6.

    Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

  8. 7.

    The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically they shall be machine-readable.

  9. 8.

    The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons.

Commission source wording and instructions

Article 12(5)

Commission proposal

5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.

Institutional text

Council Presidency texts

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

Article 12(5)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

More filters

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

Alternative wording Amendment 47 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
3a. in Article 12, paragraph 3 is replaced by the following:
3. The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension without undue delay and in any event within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
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Alternative wording Amendment 48 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(5) Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, forthe requestscontroller undershall Article 15 becausegive the data subject abusesa thechoice rights conferred by this regulation for purposes other than the protection of their data, the controller may eitherbetween: (a) chargepaying a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on thetheir request being refused.
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Alternative wording Amendment 49 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or thatexcessive therecharacter areof reasonablethe grounds to believe that it is excessiverequest.
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New operation deleting existing wording Amendment 50 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)

new Parliament proposal instruction expressly deletes existing law

Justification

The delegated acts for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons have never been adopted. Therefore it seems that these paragraphs are no longer needed.

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Alternative wording Amendment 103 IMCO draft opinion · Alex Agius Saliba (rapporteur)
5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either:
Justification

With this amendment the rapporteur is trying to ensure that the exercise of this consumer right is not becoming more difficult.

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Remove proposed wording Amendment 104 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
Justification

With this amendment the rapporteur is trying to ensure that the exercise of this consumer right is not becoming more costly.

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Remove proposed wording Amendment 105 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(b) refuse to act on the request.
Justification

With this amendment the rapporteur is trying to ensure that the exercise of this consumer right is not becoming more difficult.

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Remove proposed wording Amendment 106 IMCO draft opinion · Alex Agius Saliba (rapporteur)
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
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Additional proposed wording Amendment 107 IMCO draft opinion · Alex Agius Saliba (rapporteur)

The controller shall not engage in any behaviour that undermines the effective exercise of data subjects’ rights provided for in Articles 12 to 22, making the exercise of those rights unduly difficult.

The controller shall not abusively resort to the exceptions under Article 12(5) in a manifestly unfounded or excessive manner, in particular because of the frequency in which it limits the rights of the same or other data subjects, thereby exceeding the limits of what is appropriate and necessary.

Justification

Inspired by article 13 of the DMA on anti-circumvention to ensure protection against abuse by for example dark patterns, for companies for resorting to the exceptions under Article 12(5).

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Remove proposed wording Amendment 243 · Arash Saeidi JURI
5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
Source identification

The literal header reads Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 3 – paragraph 5. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 12(5). The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 3 – paragraph 5

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Alternative wording Amendment 244 · Mario Mantovani JURI
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also,because forthere requestsare underreasonable Articlegrounds 15to becausebelieve that the datarequest subjecthas abusesbeen the rights conferred by this regulationsubmitted for purposes other than the protection of theirthat subject’s personal data, the controller may either:
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

Alternative wording Amendment 245 · Mario Mantovani JURI
TheData controllers, notably SMEs, may also refuse a request if the data processing poses a limited risk to the rights and freedoms of the data subject and if the request is not commensurate with the risks that such data processing entails. If the controller shallrefuses bearto comply with a request on the burdengrounds ofreferred demonstratingto in this Article, the data subject must demonstrate that the request is manifestlylegitimate, unfoundedwhere or that there are reasonable grounds to believe that it is excessiveapplicable.’
Justification

SMEs are increasingly having to deal with vexatious or disproportionate requests, which entail considerable administrative costs while availing nothing for data protection. Beyond reimbursing those costs and rejecting manifestly unfounded requests, further safeguards are needed to refuse requests that are disproportionate and pose a minimal risk and to ensure that the burden of proof does not solely reside with the controller. Requiring the data subject to demonstrate that their request is legitimate would protect SMEs from vexatious requests while upholding the guarantees provided by the Regulation.

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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – point b

Alternative wording Amendment 373 · Virginie Joron IMCO
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulationRegulation for purposes otherunrelated thanto the protection of their data, the controller may either:refuse to act on the request.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

Remove proposed wording Amendment 374 · Virginie Joron IMCO
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

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Remove proposed wording Amendment 375 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

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Remove proposed wording Amendment 376 · Arba Kokalari IMCO
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

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Additional proposed wording Amendment 1064 · Sibylle Berg, Martin Sonneborn ITRE · LIBE

(5a) the following paragraph is inserted

Justification

The principles developed to ensure that mandatory information is accessible to consumers need to be applied to information obligations under data protection law in order to ensure that data subjects can assert and exercise their rights, even retrospectively, for example in the event of a dispute (see recital (new)).

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Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 12 – paragraph 1a (new)

Additional proposed wording Amendment 1068 · Pernando Barrena Arza, João Oliveira ITRE · LIBE

3a. In Article 12, paragraph 2 is replaced by the following:

The controller shall facilitate the exercise of data subject rights under Articles 15 to 22 of this Regulation. The controller cannot require them to exercise their rights by particular means or limit their rights by offering restrictive online tools that do not allow to request all information under Article 15(1) to (3). In any case, the controller has to provide and publicly disclose an electronic-mail address which allows data subjects to send requests electronically. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.

Justification

It is up to data subjects how they exercise their rights under the GDPR. They are not bound by any form requirements. Similarly, the controller cannot require data subjects to use a particular form or medium to exercise their rights. This fact should be clarified while it should be required from controllers that they designate an email-address for data subjects who want to electronically exercise their rights. Controllers might also provide online-forms but they should still provide the alternative way of submitting an E-Mail.

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Header printed in the source: Article 3 – paragraph 1 – point 3 a (new) / Regulation (EU) 2016/679 / Article 12 – paragraph 2

Additional proposed wording Amendment 1069 · Angelika Winzig ITRE · LIBE

3a. in Article 12, paragraph 3 is replaced by the following:

The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension without undue delay and in any event within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic means, the information shall be provided by electronic means unless impossible despite the controller’s continuous efforts, unless otherwise requested by the data subject.'

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Header printed in the source: Article 3 – paragraph 1 – point 3 a (new) / Regulation (EU) 2016/679 / Article 12 – paragraph 3

Remove proposed wording Amendment 1074 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
4. In Article 12, paragraph 5 is replaced by the following: ‘5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.’
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

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Remove proposed wording Amendment 1075 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
4. In Article 12, paragraph 5 is replaced by the following: ‘5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.’
Justification

The CJEU was able to decide the "Brillen Rottler" case C-526/24 on the basis of the current wording, no need to introduce new "abuse" or other conditions.

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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

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Remove proposed wording Amendment 1076 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
4. In Article 12, paragraph 5 is replaced by the following: ‘5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.’
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

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Remove proposed wording Amendment 1077 · Birgit Sippel ITRE · LIBE
5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

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Alternative wording Amendment 1078 · João Oliveira ITRE · LIBE
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are deemed manifestly unfounded or excessive, in particular because of their repetitive character or also, forthe requestscontroller undershall Articlepropose 15 becauseto the data subject abuses the rightsfollowing conferred by this regulation for purposes other than the protection of their data, the controller may eitherscenarios:
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

Alternative wording Amendment 1079 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the means at their disposal to enforce the rights conferred by this regulation for purposes otherunrelated thanto the protection of their data, the controller may either:refuse to act on the request, and inform the data subject of the reasons thereof.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

Alternative wording Amendment 1080 · Pernando Barrena Arza ITRE · LIBE
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either:refuse to act on the request.
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The literal header reads Article 3 – paragraph 1 – point 4 / Regulation (EU) 2026/679 / Article 12 – paragraph 5. Its typo is preserved; the proposal parent and matching target evidence independently support Regulation (EU) 2016/679 Article 12(5).

Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2026/679 / Article 12 – paragraph 5

Alternative wording Amendment 1081 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests underwhere Articlethe 15controller becauseis able to demonstrate an abusive intention where the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either:
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5

Remove proposed wording Amendment 1082 · Pernando Barrena Arza ITRE · LIBE
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – point a

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Remove proposed wording Amendment 1083 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – point a

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Alternative wording Amendment 1084 · João Oliveira ITRE · LIBE
(a) chargepayment of a reasonablemarginal fee takingnot into accountexceeding the administrative costs of providing the information or communication or taking the action requested; or
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – point a

Remove proposed wording Amendment 1085 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – point b

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Remove proposed wording Amendment 1086 · Pernando Barrena Arza ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – point b

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Additional proposed wording Amendment 1087 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

A request may in particular be regarded as excessive within the meaning of the first subparagraph where the means at the disposal of the data subject are used for the purpose of obtaining commercially sensitive information or gaining insight into the internal processes of the controller, including for the benefit of an undertaking competing with the controller, of exerting pressure in unrelated proceedings, or of disrupting the administrative operations of the controller by imposing a manifestly disproportionate burden.

Justification

Specifies the circumstances in which a request may be regarded as excessive: obtaining commercially sensitive information or gaining insight into the internal processes of the controller, including for the benefit of a competing undertaking; exerting pressure in unrelated proceedings; disrupting the administrative operations of the controller by imposing a manifestly disproportionate burden. The criterion is the manifest diversion of purpose, not the mere inconvenience caused to the controller.

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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – second subparagraph

Additional proposed wording Amendment 1088 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

In Article 12, paragraph 5, the following subparagraph is added

The exercise of the rights conferred by this Regulation for the purpose of verifying, in good faith, whether a controller complies with this Regulation shall not be regarded as unfounded or excessive, irrespective of whether those rights are exercised individually or with the assistance of, or through, a body referred to in Article 80.

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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – third subparagraph

Remove proposed wording Amendment 1089 · Henrik Dahl ITRE · LIBE
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – last subparagraph

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Remove proposed wording Amendment 1090 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – last subparagraph

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Remove proposed wording Amendment 1091 · Niels Flemming Hansen ITRE · LIBE
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – last subparagraph

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Remove proposed wording Amendment 1092 · Alice Teodorescu Måwe ITRE · LIBE
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – last subparagraph

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Alternative wording Amendment 1093 · Pernando Barrena Arza ITRE · LIBE
The controller shall bear the burden of demonstrating that the request is manifestly unfounded or thatexcessive therecharacter areof reasonablethe groundsrequest. toA believerequest thatshall not be considered manifestly unfounded or excessive solely because it is broad in scope, concerns a long period of time, relates to complex processing operations, concerns profiling or automated decision-making, concerns several recipients or categories of recipients, concerns possible systemic rights issues, or is made for the purpose of exercising rights under this Regulation or other rights, including consumer protection rights, employment rights, rights to non-discrimination, rights of defence, collective redress, research, journalism, regulatory oversight or civil society monitoring. The manifestly unfounded or excessive character of a request shall be assessed restrictively and on the basis of objective and documented circumstances. It shall not be inferred from the purpose of exercising rights, the use of a representative, the use of standardised requests, the scale or complexity of the processing, or the fact that compliance may require a significant effort by the controller.
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The literal header reads Article 3 – paragraph 1 – point 4 / Regulation (EU) 2026/679 / Article 12 – paragraph 5 – last subparagraph. Its typo is preserved; the proposal parent and matching target evidence independently support Regulation (EU) 2016/679 Article 12(5).

Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2026/679 / Article 12 – paragraph 5 – last subparagraph

Alternative wording Amendment 1094 · João Oliveira ITRE · LIBE
The controllerdata subject, when making the request, shall bearbe presumed to be acting in the burdenexercise of demonstratinghis or her legitimate interest in defending his or her rights under this Regulation. Any refusal on the grounds that the request is manifestly unfounded or excessive must be substantiated in writing, in a clear, specific and verifiable manner, indicating the objective facts and considerations supporting that thereconclusion. areThe reasonablejustification groundsmust be sufficiently detailed to believeenable thatthe data subject to understand the reasons for the refusal and to challenge it effectively, in particular by lodging a complaint with the supervisory authority or by seeking a judicial remedy. The burden of proof regarding whether the request is manifestly unfounded or excessive shall be on the controller.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – last subparagraph

Alternative wording Amendment 1095 · Nadine Morano ITRE · LIBE
The controller shall bearFor the burdenpurpose of demonstratingassessing thatwhether thea request is manifestly unfounded or thatexcessive, therethe arecontroller reasonablemay groundsask the data subject to believeindicate thatthe itexact isscope excessiveof the request and the specific reasons for the request.
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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – last subparagraph

Additional proposed wording Amendment 1096 · François-Xavier Bellamy ITRE · LIBE

In Article 12, paragraph 5, the following subparagraph is added

The Commission may adopt implementing acts to further specify criteria for what constitutes a manifestly unfounded or excessive character of the request.

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Header printed in the source: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – last subparagraph

Additional proposed wording Amendment 1097 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE

4a. Article 12, paragraph 8 is replaced by the following

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Header printed in the source: Article 3 – paragraph 1 – point 4 a (new) / Regulation (EU) 2016/679 / Article 12 – paragraph 8

Additional proposed wording Amendment 1098 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE

4a. In Article 12, the following paragraph 8a is added:

Where the controller is a SME, the obligations arising under this Chapter and the documentation duties connected with them shall apply in a manner proportionate to the size of the enterprise, the nature of the processing and the risk it presents for data subjects. The Board shall issue guidelines setting out simplified means of compliance for such enterprises.'

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Header printed in the source: Article 3 – paragraph 1 – point 4 a (new) / Regulation (EU) 2016/679 / Article 12 – paragraph 8a (new)