Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Article 13

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

Article total: 4 parts · 4 Council drafts · 36 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 all 2 Commission proposal changes affecting this article applied.

Article 13

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

  1. 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:

    1. (a)

      the identity and the contact details of the controller and, where applicable, of the controller's representative;

    2. (b)

      the contact details of the data protection officer, where applicable;

    3. (c)

      the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

    4. (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;

    5. (e)

      the recipients or categories of recipients of the personal data, if any;

    6. (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. 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:

    1. (a)

      the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

    2. (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;

    3. (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;

    4. (d)

      the right to lodge a complaint with a supervisory authority;

    5. (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;

    6. (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. 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. 4.

    Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and insofarcircumscribed asrelationship 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.

  5. 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.

Commission source wording and instructions

Article 13(4)

Commission proposal

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.

Article 13(5)

Commission proposal

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.

Institutional text

Council Presidency texts

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

Article 13(4)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 13(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.

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Additional proposed wording Amendment 177 · Mario Mantovani JURI

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 13

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.

Source identification

Header printed in the source: Article 1 – paragraph 1 – point 4 a (new) / Regulation (EU) 2016/679 / Article 13

Remove proposed wording Amendment 246 · Arash Saeidi JURI
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.
Source identification

The literal header reads Article 3 – paragraph 1 – point 5 / 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 13(4). The literal header remains visible and the target is labelled as an inference.

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

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 247 · Arash Saeidi JURI
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.’
Source identification

The literal header reads Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 6 – introductory part. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 13(5). The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 6 – introductory part

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 377 · Virginie Joron IMCO
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13

Deletion marker printed in the source: deleted

Alternative wording Amendment 378 · Virginie Joron IMCO
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.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Additional proposed wording Amendment 379 · Virginie Joron IMCO

4a.

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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 380 · Virginie Joron IMCO
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.
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Header printed in the source: Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5

Remove proposed wording Amendment 1099 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1100 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1101 · Alex Agius Saliba ITRE · LIBE
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1102 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Deletion marker printed in the source: deleted

Alternative wording Amendment 1103 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
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.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1104 · Pernando Barrena Arza ITRE · LIBE
4. Paragraphs 1, 2 and 3 shall notapply applyonly where theand personalinsofar data have been collected inas the context of a clear and circumscribed relationship between data subjects and a controller exercisingcan an activity that is not data-intensive and there are reasonable grounds to assumedemonstrate that the data subject already has the information referred to in points (a) and (c) of paragraph 1 and, unlesswhere 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 within the meaning of Article 35.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1105 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribedinsofar relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume thatas 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.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1106 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Verena Mertens, Sabine Verheyen ITRE · LIBE
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.

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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1107 · João Oliveira ITRE · LIBE
4. Paragraphs 1, 2 and 3 shall not apply only where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercisingcan an activity that is not data-intensive and there are reasonable grounds to assumedemonstrate 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 points (a) and (c) of paragraphparagraphs 1, unless2 theand controller3 transmitspermanently available to the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred tosubject in Articlean 22(1),easily oraccessible the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35form.’
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1108 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1109 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
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.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1110 · Henrik Dahl ITRE · LIBE
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.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1111 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Henrik Dahl, Andrea Wechsler, Christian Ehler ITRE · LIBE
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.
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Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4

Alternative wording Amendment 1112 · 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 ITRE · LIBE
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.
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The literal header reads Article 3 – paragraph 1 – point 5 / Regulation (EU) 2026/679 / Article 13 – paragraph 4. Its typo is preserved; the proposal parent and matching target evidence independently support Regulation (EU) 2016/679 Article 13(4).

Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2026/679 / Article 13 – paragraph 4

Additional proposed wording Amendment 1113 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

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:

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.

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)

Additional proposed wording Amendment 1115 · Axel Voss ITRE · LIBE
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.

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 5 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 1 – points fa (new) and fb (new)

Remove proposed wording Amendment 1116 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1117 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
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.’
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Remove proposed wording Amendment 1118 · Pernando Barrena Arza ITRE · LIBE
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5

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Remove proposed wording Amendment 1119 · Alex Agius Saliba ITRE · LIBE
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.’
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Header printed in the source: Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5

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Remove proposed wording Amendment 1120 · Birgit Sippel ITRE · LIBE
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.’
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Remove proposed wording Amendment 1121 · João Oliveira ITRE · LIBE
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.’
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Alternative wording Amendment 1122 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
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.
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Alternative wording Amendment 1123 · 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 ITRE · LIBE
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).
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Alternative wording Amendment 1124 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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.

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Alternative wording Amendment 1125 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Henrik Dahl, Andrea Wechsler, Christian Ehler ITRE · LIBE
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.
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Alternative wording Amendment 1126 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
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.
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Additional proposed wording Amendment 1128 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Lena Düpont, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen ITRE · LIBE

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.

Context reproduced in the official amendment

The amendment reproduces a wider legal passage. It is shown as context because it does not cover the same legal unit as the proposed wording.

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.

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Header printed in the source: Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)

Additional proposed wording Amendment 1132 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Oliver Schenk, Christian Ehler ITRE · LIBE

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.'

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Header printed in the source: Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)