GDPR · Regulation (EU) 2016/679
Article 2
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 6 parts · 0 Council drafts · 6 Parliament amendments
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Institutional text
European Commission proposal
All Commission’s changes to GDPRThe wording proposed by the Commission at the start of this legislative file.
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Institutional text
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European Parliament amendments
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Alternative wording Amendment 923 · Axel Voss ITRE · LIBE
Justification
RISK-BASED APPROACH #4: 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.
against:
Article 2
Material scope
- 1.
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
- 2.
This Regulation does not apply to the processing of personal data:
- (a)
in the course of an activity which falls outside the scope of Union law;
- (b)
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
- (c)
by a natural person in the course of a purely personal or household activity;
- (d)
by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
- (a)
- 3.
For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.
- 4.
This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
- 4a.
Articles [19, 20, 27, 30, 35 to 39] of this Regulation do not apply to small controllers."
Alternative wording Amendment 924 · Axel Voss ITRE · LIBE
Justification
SCOPE EXCLUSION #1: This amendment offers an alternative to the proposed risk-based simplification package by excluding non-commercial, low-risk, SME and purely incidental processing from the GDPR’s full scope. It does not deregulate such processing: Member States must ensure protection through other suitable laws, including private-life, contract, consumer, labour, tort, unfair-competition and criminal law. This reduces disproportionate administrative burdens, supports data flows and focuses GDPR enforcement on processing that creates real risks for individuals.
against:
Article 2
Material scope
- 1.
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
- 2.
This Regulation does not apply to the processing of personal data:
- (a)
in the course of an activity which falls outside the scope of Union law;
- (b)
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
- (c)
by a natural person in the course of a purely personal or household activity;
- (d)
by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security
.; - (da)
by natural or legal persons for non-professional or non-commercial purposes;
- (db)
in the course of an activity that is likely to result in a low risk to the rights and freedoms of natural persons;
- (dc)
by micro, small and medium-sized enterprises;
- (dd)
which is of a purely incidental or transitory nature and is carried out for a purpose unrelated to the data subject as an identified or identifiable natural person."
- (a)
- 3.
For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.
- 4.
This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
Alternative wording Amendment 925 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
Justification
This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.
against:
Article 2
Material scope
- 1.
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
- 2.
This Regulation does not apply to the processing of personal data: (a)in the course of an activity which falls outside the scope of Union law; (b)by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU; (c)by a natural person in the course of a purely personal or household activity; (d)by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
- (a)
in the course of an activity which falls outside the scope of Union law; - (b)
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU; - (c)
by a natural person in the course of a purely personal or household activity; - (d)
by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
- (a)
- 3.
For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.
- 3a.
This Regulation applies to the storing of information, or gaining of access to information already stored, in terminal equipment of users.
- 4.
This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
Additional proposed wording Amendment 926 · Axel Voss ITRE · LIBE
– In Article 2, a new paragraph is added after paragraph 4
Member States shall ensure that the processing of personal data that is exempted from the scope of this Regulation pursuant to paragraphs […] is subject to the obligations of other laws than data protection law, including legislation on the protection of private and family life, contract law, tort law, unfair competition law, consumer law, labor law and criminal law. These other laws shall meet objectives of general interest, especially the free flow of data, and, subject to the principle of proportionality, strike a fair balance between all persons involved in or affected by the data processing."
Justification
SCOPE EXCLUSION #2: This amendment offers an alternative to the proposed risk-based simplification package by excluding non-commercial, low-risk, SME and purely incidental processing from the GDPR’s full scope. It does not deregulate such processing: Member States must ensure protection through other suitable laws, including private-life, contract, consumer, labour, tort, unfair-competition and criminal law. This reduces disproportionate administrative burdens, supports data flows and focuses GDPR enforcement on processing that creates real risks for individuals.
against:
Article 2
Material scope
- 1.
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
- 2.
This Regulation does not apply to the processing of personal data:
- (a)
in the course of an activity which falls outside the scope of Union law;
- (b)
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
- (c)
by a natural person in the course of a purely personal or household activity;
- (d)
by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
- (a)
- 3.
For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.
- 4.
This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
- 4a.
Member States shall ensure that the processing of personal data that is exempted from the scope of this Regulation pursuant to paragraphs […] is subject to the obligations of other laws than data protection law, including legislation on the protection of private and family life, contract law, tort law, unfair competition law, consumer law, labor law and criminal law. These other laws shall meet objectives of general interest, especially the free flow of data, and, subject to the principle of proportionality, strike a fair balance between all persons involved in or affected by the data processing."
Additional proposed wording Amendment 1596 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE
The following point (da) is added to Article 2(2)
by a natural person in the course of an activity carried out entirely on a voluntary basis, unless that activity involves a type of processing listed pursuant to Article 35(4) GDPR.'
against:
Article 2
Material scope
- 1.
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
- 2.
This Regulation does not apply to the processing of personal data:
- (a)
in the course of an activity which falls outside the scope of Union law;
- (b)
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
- (c)
by a natural person in the course of a purely personal or household activity;
- (d)
by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
- (da)
by a natural person in the course of an activity carried out entirely on a voluntary basis, unless that activity involves a type of processing listed pursuant to Article 35(4) GDPR.'
- (a)
- 3.
For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.
- 4.
This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
Additional proposed wording Amendment 1601 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Lena Düpont, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen ITRE · LIBE
In Article 2, the following point e is added:
'(e) by associations, foundations and other non-profit organisations established in the Union, where the processing is carried out solely in the course of their statutory non-commercial activities and is limited to the administration of members, former members, volunteers, donors or beneficiaries, provided that such processing does not involve systematic monitoring or processing likely to result in a high risk to the rights and freedoms of natural persons within the meaning of Article 35, and that the personal data are not disclosed to 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.
This Regulation does not apply to the processing of personal data:
in the course of an activity which falls outside the scope of Union law;
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
by a natural person in the course of a purely personal or household activity;
Justification
Associations, foundations and other non-profit organisations generally process personal data within clear, direct and non-commercial relationships with their members, volunteers, donors or beneficiaries. Subjecting such limited and low-risk processing to the full scope of Regulation (EU) 2016/679 places a disproportionate administrative burden on civil-society and volunteer-based organisations, many of which lack dedicated compliance structures. This targeted exclusion complements the specific simplifications proposed for Articles 13, 14 and 30, while preserving the application of the Regulation to systematic monitoring, automated decision-making, high-risk processing and the commercial disclosure of personal data.
against:
Article 2
Material scope
- 1.
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
- 2.
This Regulation does not apply to the processing of personal data:
- (a)
in the course of an activity which falls outside the scope of Union law;
- (b)
by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
- (c)
by a natural person in the course of a purely personal or household activity;
- (d)
by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
- (e)
'(e) by associations, foundations and other non-profit organisations established in the Union, where the processing is carried out solely in the course of their statutory non-commercial activities and is limited to the administration of members, former members, volunteers, donors or beneficiaries, provided that such processing does not involve systematic monitoring or processing likely to result in a high risk to the rights and freedoms of natural persons within the meaning of Article 35, and that the personal data are not disclosed to third parties for commercial purposes.'
- (a)
- 3.
For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98.
- 4.
This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
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Article 2
Wording reproduced in the amendment → Amendment 925 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 925 · ITRE–LIBE amendments 777–1052 to the draft report
Article 2 – paragraph 2
Wording reproduced in the amendment → Amendment 924 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 924 · ITRE–LIBE amendments 777–1052 to the draft report
Article 2 – paragraph 4a
Wording reproduced in the amendment → Amendment 923 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded