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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 23 – Restrictions

Only Parliament amendments would change this article. Parliament committees have tabled 1 amendment to this article.

Latest text22 October 2026ST 14756/26

Contains no amendment to this article.

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
  2. 21 May 2026 Council textST 9547/26 No amendment to this article.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.
  3. 10 Jun 2026 Council textST 10426/26 No amendment to this article.
  4. 18 Jun 2026 Council textST 10677/26 No amendment to this article.
  5. 27 Jul 2026 ITRE–LIBE amendments 1053–1260 to the draft reportCJ72-AM-791073 1 amendment to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 No amendment to this article.
  7. 2 Oct 2026 Council textST 13886/26 No amendment to this article.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker.
  8. 22 Oct 2026 Council textST 14756/26 No amendment to this article.

Parliament amendments

1 amendment to this article

1 proposes alternative wording.

By political group; co-sponsored amendments count for each group
TypeS&D
~ Alternative1

By political group

  • ~ Alternative S&D 1
  1. 1167 Alternative Marina Kaljurand +8S&D · ITRE–LIBE “or of unauthorised use of the electronic communication system”

    7a. Article 23(1) is replaced by the following:

    1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34 and Chapter IXa, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard: (a)national security; (b)defence; (c)public security; (d)the prevention, investigation, detection or prosecution of criminal offences or of unauthorised use of the electronic communication system, or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security: (e)other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security; (f)the protection of judicial independence and judicial proceedings; (g)the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions; (h)a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g); (i)the protection of the data subject or the rights and freedoms of others; (j)the enforcement of civil law claims."

    Justification

    This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.

    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 23 – paragraph 1
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 7 a (new) / Regulation (EU) 2016/679 / Article 23 – paragraph 1