Texts to 22 Oct 2026

Text

Article 13 GDPR as printed in the Council text of 22 October 2026

Information to be provided where personal data are collected from the data subject

Source Council, 22 October 2026. Article 13: ST 14756/26, page 134 · pp. 134–135 · exact text page

Article 13(5)

5 Paragraphs 1, 2 and 3 shall not apply if and to the extent that:

Article 13(5)(a)

a)

there are reasonable grounds to believe that the data subject already has the information referred to in points (a) and (c) of paragraph 1, and

Article 13(5)(b)

b)

the processing is not likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.

Article 13(5) (continued)

This paragraph shall not apply where the processing requires complex processing operations, the processing of large amounts of personal data, or personal data referred to in Articles 9 and 10.’

Article 13(6)

6.

When the further processing takes place for scientific research purposes by the same controller and where and insofar as the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that further processing, subject to the conditions and safeguards referred to in Article 89(1), the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available.’

Article 13 in the whole GDPR

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph Commission19 Nov 2025Council21 May 2026Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
4Paragraph 4 Amends Changed Amends , changed since the proposal Changed Amends , changed since 21 May Changed printed (5) Amends , changed since 10 Jun Changed printed (5) Amends , rewritten since 18 Jun Rewritten printed (5) Amends , changed since 3 Sep Changed printed (5) Amends Unchanged printed (5) 19
5Paragraph 5 Adds Added Adds , changed since the proposal Changed Adds Unchanged Adds Unchanged printed (6) Adds Unchanged printed (6) Adds Unchanged printed (6) Adds Unchanged printed (6) 14
Provisions only Parliament would add or change2 units Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text 4

Each text against the law in force: +Adds adds a provision the law in force lacks~Amends amends the law in force— neither the law in force nor the text has it changed from the text before

Each text against the text before it: +Added in this text, not in the text before~Changed wording changed~Rewritten under half the earlier wording survives=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Adds paragraph 5 and amends paragraph 4. Article 13 in this text
  2. 21 May 2026 Council textST 9547/26 Changed Changes paragraphs 4 and 5.ST 9547/26 reproduces only some of the proposal’s changes, so this comparison applies only those it shows or visibly drops. It says nothing about the others. Article 13 in this text
  3. 10 Jun 2026 Council textST 10426/26 Changed Changes paragraph 4. Article 13 in this text
  4. 18 Jun 2026 Council textST 10677/26 Changed Changes paragraph 4. Article 13 in this text
  5. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 3 amendments to this article. Amendments in this document
  6. 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 4 amendments to this article. Amendments in this document
  7. 27 Jul 2026 ITRE–LIBE amendments 1053–1260 to the draft reportCJ72-AM-791073 29 amendments to this article. Amendments in this document
  8. 3 Sep 2026 Council textST 12535/26 Changed Rewrites paragraph 4. Article 13 in this text
  9. 2 Oct 2026 Council textST 13886/26 Changed Changes paragraph 4.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker. Article 13 in this text
  10. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 13 in this text

Paragraph 4

Changed by the Commission · changed by the Council on 21 May · changed on 10 June · changed on 18 June · rewritten on 3 September · changed on 2 October

Parliament amendments 19

6 would delete the wording, 11 propose alternative wording and 2 would add wording to paragraph 4. Deletion amendments come from The Left, S&D, Renew, ECR and PfE.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfENI
− Deletion12·1·12·
~ Alternative2·1·4221
+ Addition·····11·

By political group

  • − Deletion The Left 1 S&D 2 Renew 1 ECR 1 PfE 2
  • ~ Alternative The Left 2 Greens/EFA 1 EPP 4 ECR 2 PfE 2 NI 1
  • + Addition ECR 1 PfE 1

Show

  1. 177 Addition Mario MantovaniECR · JURI “The requirement to provide information shall not apply to low-risk situations. For the purposes of this Article, the European Data Protection Board…”

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

    4a. Article 13 is replaced by the following

    The requirement to provide information shall not apply to low-risk situations. For the purposes of this Article, the European Data Protection Board shall draw up a list of low-risk data processing activities and keep it updated. The list shall be reviewed on a regular basis to reflect technological developments.

    Justification

    While the dispensation provided is welcome, it is pointless without a clear definition of ‘low risk’. This amendment seeks to establish a basic white list, which should be revised so as not to stymie innovation in the future.

    Tabled by
    Mario Mantovani
    Group
    ECR
    Targets
    GDPR Article 13
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 4 a (new) / Regulation (EU) 2016/679 / Article 13
  2. 246 Deletion Arash SaeidiThe Left · JURI Deletes the Commission’s wording

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    GDPR Article 13(4)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 3 – paragraph 5
  3. 377 Deletion Virginie JoronPfE · IMCO Deletes the Commission’s wording

    5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 13(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13
  4. 378 Alternative Virginie JoronPfE · IMCO “d) of paragraph 1. If the controller intends to carry out processing operations requiring the information referred to in points (e) and (f”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and therethe arecontroller reasonableis groundsable to assumedemonstrate that the data subject already has the information referred to in points (a), (c) and (cd) of paragraph 1. If the controller intends to carry out processing operations requiring the information referred to in points (e) and (f) of paragraph 1, unlesssuch as the controllertransmission transmits theof data to other recipients or categories of recipients, transfersthe thetransfer of data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or if the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35, the processor shall supply this information to the data subject.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 13(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  5. 379 Addition Virginie JoronPfE · IMCO “4a. 4a. An activity shall be deemed circumscribed and not data-intensive if the processing of the personal data is ancillary to the controller’s…” numbered 4a

    4a.

    4a.An activity shall be deemed circumscribed and not data-intensive if the processing of the personal data is ancillary to the controller’s principal activity and is limited in terms of volume, scope and purpose. These relationships shall include in particular:

    (a)the relationship between a data subject and a professional who is bound by a legal or ethical duty of confidentiality, such as a lawyer, a doctor or a notary, acting within the framework of this relationship;

    (b)the business relationship between a customer and a professional in connection with the supply of a good or service specifically requested by the data subject, provided that the list of customers is used solely as an internal management tool and is not intended to be communicated to third parties or used for commercial purposes;

    (c)the non-business relationship between a member and an association, or between an employee and an employer, in so far as the processing is limited to what is necessary for this relationship.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 13(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  6. 1099 Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording

    5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  7. 1100 Deletion Irena Joveva +5Renew · ITRE–LIBE Deletes the Commission’s wording

    5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  8. 1101 Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the Commission’s wording

    5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  9. 1102 Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the Commission’s wording

    5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

    Tabled by
    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
    Group
    S&D
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  10. 1103 Alternative Markéta GregorováGreens/EFA · ITRE–LIBE “(iii) the controller is not required to appoint a data protection officer pursuant to Article 37(1); (iv) the personal data are not special…”

    4. Paragraphs 1, 2 and 3 shall not apply where: (a) the data subject already has the information; or (b) the following conditions are met: (i) the personal data have been collected by a micro, small, and medium-sized enterprise or an organisation employing fewer than 250 employees; (ii) the personal data are necessary under point (b) of paragraph 1 of Article 6 in the context of a clear and circumscribed relationship between the data subjectssubject and a controller exercisingwhich anthe activitydata thatsubject fully comprehends and which is not data-intensive; (iii) the controller is not required to appoint a data protection officer pursuant to Article 37(1); (iv) the personal data are not special categories of personal data pursuant to Article 9 or personal data relating to criminal convictions and offences pursuant to Article 10; (v) there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unlessand the information remains available to the data subject; (vi) the controller transmitsdoes not transmit the data to other recipientscontrollers, or categories of recipients, transferstransfer the data to a third country,; (vii) carriesthe controller does not carry out automated decision-making, including profiling, referred to in Article 22(1),; orand (viii) the processing is not likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35. In those cases, the controller may alternatively provide information solely through the icons referred to in Article 12 paragraph 7, as long as the complete information remains easily and readily available to the data subject.

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
Show 9 more amendments
  1. 1104 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “for purposes that are strictly connected to and reasonably expected in that relationship, and where the processing is not likely to result in a high…”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.Paragraphs 1, 2 and 3 shall apply only where and insofar as the controller can demonstrate that the data subject already has the information referred to in points (a) and (c) of paragraph 1 and, where the processing is based on point (f) of Article 6(1), the information referred to in point (d) of paragraph 1, in a concise, transparent, intelligible and easily accessible form. This exemption shall apply only where the personal data are collected in the context of a direct, ongoing and clearly circumscribed relationship between the data subject and the controller, for purposes that are strictly connected to and reasonably expected in that relationship, and where the processing is not likely to result in a high risk to the rights and freedoms of data subjects, nor involve complex processing operations, systematic monitoring, profiling, the processing of large amounts of personal data, special categories of personal data, or personal data relating to criminal convictions and offences. The controller shall make the information referred to in paragraphs 1, 2 and 3 available to the data subject in an easily accessible and durable form at the time of collection and shall document the assessment under this paragraph. The first, second and third subparagraphs shall not apply where the controller intends to process the data collected from the data subject for other purposes, transmits the data to other recipients or categories of recipients, transfers the data to a third country or to an international organisation, combines the data with personal data obtained from other sources, processes the data for direct marketing purposes, carries out automated decision-making, including profiling, referred to in Article 22(1), or where the processing requires a data protection impact assessment under Article 35 or is otherwise likely to result in a high risk to the rights and freedoms of data subjects.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  2. 1105 Alternative Sibylle Berg +1NI · ITRE–LIBE “Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  3. 1106 Alternative Andrea Wechsler +5EPP · ITRE–LIBE “or where the provision of such information proves impossible or would involve a disproportionate effort, taking into account the nature, scope…”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, or where the provision of such information proves impossible or would involve a disproportionate effort, taking into account the nature, scope, context and purposes of the processing, the size and resources of the controller, and the risk to the rights and freedoms of natural persons, unless the controller transmits the data to other recipients or categories of recipients for purposes other than those directly related to the clear and circumscribed relationship with the data subject, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35. In such cases, the controller shall take appropriate measures to protect the rights and freedoms and legitimate interests of the data subject, including, where appropriate, making the information publicly available in an easily accessible form.

    Justification

    Information obligations are essential for transparency, but they should remain proportionate and workable in low-risk situations. The Commission proposal rightly introduces an exemption for clear and circumscribed relationships where the controller does not carry out data-intensive activities. However, the exemption should also cover situations where individual information proves impossible or would involve a disproportionate effort, provided that appropriate safeguards are maintained. In addition, the mere transmission of data to recipients should not automatically exclude the exemption where such transmission is directly related to the existing relationship with the data subject, for example in the context of associations, non-profit organisations, craft businesses or small enterprises. This amendment preserves transparency while reducing unnecessary administrative burdens.

    Tabled by
    Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Verena Mertens, Sabine Verheyen
    Group
    EPP
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  4. 1107 Alternative João OliveiraThe Left · ITRE–LIBE “respective information in his or her possession. At the time the data are collected, the controller shall make the”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’Paragraphs 1, 2 and 3 shall not apply only where the controller can demonstrate that the data subject already has the respective information in his or her possession. At the time the data are collected, the controller shall make the information referred to in paragraphs 1, 2 and 3 permanently available to the data subject in an easily accessible form.’

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  5. 1108 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “This exemption shall not apply where processing concerns data relating to health, data inferred from medicine- or pharmacy-related interactions…”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and therethe arecontroller reasonableis groundsable to assumedemonstrate that the data subject already has the information referred to in points (a), (c) and (cd) of paragraph 1,. unlessWhere the controller transmitsintends to carry out processing for which the information referred to in points (e) and (f) of paragraph 1 is required, such as transmitting the data to other recipients or categories of recipients, transferstransfering the data to a third country, carriescarrying out automated decision-making, including profiling, referred to in Article 22(1), or where the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35, the controller shall provide that information to the data subject. This exemption shall not apply where processing concerns data relating to health, data inferred from medicine- or pharmacy-related interactions, profiling, direct marketing or disclosure to another recipient.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  6. 1109 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “or the data controller has taken reasonable steps available to it, taking into account relevant technical and organisational means to provide the…”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has, or the data controller has taken reasonable steps available to it, taking into account relevant technical and organisational means to provide the data subject with the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipientsdata processors or categories of recipientscontrollers, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  7. 1110 Alternative Henrik DahlEPP · ITRE–LIBE “Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between…”

    4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.

    Tabled by
    Henrik Dahl
    Group
    EPP
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  8. 1111 Alternative Aura Salla +5EPP · ITRE–LIBE “where and insofar as the data subject already has the information or”

    4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information or where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensivea high risk to the data subject and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Henrik Dahl, Andrea Wechsler, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
  9. 1112 Alternative Oliver Schenk +10EPP · ITRE–LIBE “where and insofar as the data subject already has the information or”

    4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information or where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

    Tabled by
    Oliver Schenk, Axel Voss, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Marie-Sophie Lanig, Dimitris Tsiodras, Christian Doleschal, Aura Salla, François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 13(4)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2026/679 / Article 13 – paragraph 4

Paragraph 5

Added by the Commission · changed by the Council on 21 May

Parliament amendments 14

7 would delete the wording, 6 propose alternative wording and 1 would add wording to paragraph 5. Deletion amendments come from The Left, S&D and Greens/EFA.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfE
− Deletion331····
~ Alternative···1222
+ Addition·····1·

By political group

  • − Deletion The Left 3 S&D 3 Greens/EFA 1
  • ~ Alternative Renew 1 EPP 2 ECR 2 PfE 2
  • + Addition ECR 1

Show

  1. 177 Addition Mario MantovaniECR · JURI “The requirement to provide information shall not apply to low-risk situations. For the purposes of this Article, the European Data Protection Board…”
  2. 247 Deletion Arash SaeidiThe Left · JURI Deletes the Commission’s wording

    6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    GDPR Article 13(5)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 6 – introductory part
  3. 380 Alternative Virginie JoronPfE · IMCO “This paragraph shall apply without prejudice to the conditions and safeguards which apply to the processing of personal data in AI regulatory…”

    5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’ssubject’s rights and freedoms and legitimate interests, including making the information publicly available. This paragraph shall apply without prejudice to the conditions and safeguards which apply to the processing of personal data in AI regulatory sandboxes and during testing in real world conditions under Articles 59, 60 and 61 of Regulation (EU) 2024/1689, which shall continue to apply.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 13(5)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  4. 1116 Deletion Markéta GregorováGreens/EFA · ITRE–LIBE Deletes the Commission’s wording

    6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  5. 1117 Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the Commission’s wording

    6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

    Tabled by
    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
    Group
    S&D
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  6. 1118 Deletion Pernando Barrena ArzaThe Left · ITRE–LIBE Deletes the Commission’s wording

    6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  7. 1119 Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the Commission’s wording

    6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  8. 1120 Deletion Birgit SippelS&D · ITRE–LIBE Deletes the Commission’s wording

    6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

    Tabled by
    Birgit Sippel
    Group
    S&D
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  9. 1121 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording

    5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  10. 1122 Alternative Irena Joveva +5Renew · ITRE–LIBE “provided it is not used for commercial product development, advertising, marketing, profiling or the training of data processing models for…”

    5. When the further processing takes place for scientific research purposes, provided it is not used for commercial product development, advertising, marketing, profiling or the training of data processing models for commercial deployment, and where the controller does not possess or cannot reasonably obtain the contact details of the data subject without disproportionate effort, and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall document the reliance of this exception, make such documentation available to the supervisory authority upon request, and take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including makingannoucing the information publiclypublicy availableor informing the data subject without undue delay as soon as the conditions of this paragraph have ceased to exist.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  11. 1123 Alternative Oliver Schenk +13EPP · ITRE–LIBE “including cases where the change of purpose could not have been anticipated at the time of collection”

    5. When the processing takes place for scientific research purposes, including scientific research in the public interest aiming to further a commercial interest, and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, including cases where the change of purpose could not have been anticipated at the time of collection, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available. This scenario shall apply equally to the obligations under Article 14(5)(b).

    Tabled by
    Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Aura Salla, François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  12. 1124 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “This paragraph is without prejudice to the conditions and safeguards applicable to the processing of personal data in AI regulatory sandboxes and in…”

    5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available. This paragraph is without prejudice to the conditions and safeguards applicable to the processing of personal data in AI regulatory sandboxes and in testing in real world conditions under Articles 59, 60 and 61 of Regulation (EU) 2024/1689, which continue to apply.

    Justification

    The exemption from the information obligations for scientific research purposes must not operate to the detriment of the safeguards applicable to the processing of personal data in the context of AI development. This amendment specifies that paragraph 5 is without prejudice to the conditions and safeguards laid down in Articles 59, 60 and 61 of Regulation (EU) 2024/1689 governing AI regulatory sandboxes and testing in real world conditions — in particular the requirements relating to isolated processing environments, monitoring and response mechanisms, deletion of data, and informed consent — which continue to apply. This ensures the coherence of the Union acquis and prevents the research exemption from being used to circumvent the risk-control obligations of the Artificial Intelligence Act.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  13. 1125 Alternative Aura Salla +5EPP · ITRE–LIBE “including cases where the change of purpose could not have been anticipated at the time of collection”

    5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, including cases where the change of purpose could not have been anticipated at the time of collection, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Henrik Dahl, Andrea Wechsler, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
  14. 1126 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “taking into account the relevant technical and organisational circumstances”

    5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, taking into account the relevant technical and organisational circumstances, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    GDPR Article 13(5)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5

Provisions only Parliament amendments would add or change

4 amendments on 2 units the Commission proposal leaves unchanged

Paragraph 1, point (fa) (new)New

  1. 1115 Addition Axel VossEPP · ITRE–LIBE “if the controller is a small, medium or large controller under Article 4(27) to (29) and; (fb) if the controller is a large controller, the number of…”

    5a.In Article 13, paragraph 1, the following points are added:

    (fa)if the controller is a small, medium or large controller under Article 4(27) to (29) and;

    (fb)if the controller is a large controller, the number of data subjects they processed personal data about, the number of times data subjects have exercised their rights against them under Articles 13 to 22 and the number of each type of outcome, the number of data breaches under Article 32 and the number of likely affected data subjects, the number of procedures filed against them under Article 78 and 79, the certifications received or revoked under Article 42 and the name and contact details of the certification body that has certified them for the past three financial years.

    Justification

    RISK-BASED APPROACH #8: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 13 – paragraph 1 – points fa (new) and fb (new)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 1 – points fa (new) and fb (new)

Paragraph 4a (new)New3 proposals

  1. 1113 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “An activity is circumscribed and not data-intensive where the processing of personal data is ancillary to the main activity of the controller and is…”

    4a. In Article 13, the following paragraph is inserted:

    An activity is circumscribed and not data-intensive where the processing of personal data is ancillary to the main activity of the controller and is limited in volume, scope and purposes. Such relationships include, in particular:

    (a)the relationship between a data subject and a professional bound by a legal or ethical obligation of confidentiality, such as a lawyer, physician or notary, acting within the scope of that relationship;

    (b)the commercial relationship between a customer and a trader in the context of the provision of a specific good or service requested by the data subject, provided that the customer list is used solely as an internal management tool and is not intended to be disclosed or monetised to third parties;

    (c)the non-commercial relationship between a member and an association, or between an employee and an employer, insofar as the processing is limited to what is necessary for that relationship.'

    Justification

    Extends the derogation from the information obligation to circumscribed relationships in which the controller’s activity is not data-intensive: associations, sport clubs, micro, small and medium-sized enterprises where processing is confined to the management of membership, communication with members, the organisation of activities or the performance of a contract. The derogation is expressly excluded where the controller engages in data brokerage, which is by nature data-intensive.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 13 – paragraph 4a (new)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)
  2. 1128 Addition Andrea Wechsler +8EPP · ITRE–LIBE “Paragraphs 1 to 4 shall not apply to associations, foundations, and other non-profit organisations established in the Union, provided that: (a) the…”

    6a. In Article 13, paragraph 4a is added:

    Paragraphs 1 to 4 shall not apply to associations, foundations, and other non-profit organisations established in the Union, provided that: (a) the processing of personal data is limited to the administration of membership, volunteers, donors, or beneficiaries; (b) such processing is not likely to result in a high risk to the rights and freedoms of natural persons; and (c) the data are not shared with third parties for commercial purposes.

    Wider passage printed with the amendment

    Article 13 Information to be provided where personal data are collected from the data subject 1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: (a) the identity and the contact details of the controller and, where applicable, of the controller’s representative; (b) the contact details of the data protection officer, where applicable; (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party; (e) the recipients or categories of recipients of the personal data, if any; (f) where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available. 2. In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; (b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; (c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; (d) the right to lodge a complaint with a supervisory authority; (e) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; (f) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. 3. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2. 4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

    Justification

    Article 13 information obligations are essential for transparency, but they can create disproportionate administrative burdens for small non-profit organisations where the processing relationship is clear, direct and limited to internal administrative purposes. Associations, foundations and other non-profit organisations should therefore be allowed to fulfil transparency obligations through publicly accessible information where processing is limited to members, volunteers, donors or beneficiaries, does not involve systematic monitoring, is not likely to result in a high risk and is not used for commercial third-party sharing. This targeted clarification supports civic engagement and volunteer work while preserving the substance of the right to information.

    Tabled by
    Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Lena Düpont, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen
    Group
    EPP
    Targets
    GDPR Article 13 – paragraph 4a (new)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)
  3. 1132 Addition Aura Salla +5EPP · ITRE–LIBE “The obligation to make information available pursuant to Article 13 shall be deemed fulfilled where such information is published and maintained in…”

    6a. In Article 13, paragraph 4a is added:

    The obligation to make information available pursuant to Article 13 shall be deemed fulfilled where such information is published and maintained in an easily accessible manner on the entity’s website.'

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 13 – paragraph 4a (new)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)