GDPR · Regulation (EU) 2016/679
Article 24
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Article total: 1 part · 0 Council drafts · 1 Parliament amendment
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Additional proposed wording Amendment 1171 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
7b. In Article 24, paragraph 4 is added:
The manufacturer shall design and develop its products, services and applications, taking into account the right to the protection of personal data and the state of the art, in such a manner that controllers and processors using those products, services and applications for the processing of personal data are able to comply with their obligations under this Regulation based on the default settings and without having to make disproportionate modifications to those products, services and applications. The manufacturer shall support controllers and processors in fulfilling their obligations under Articles 30, 33 and 34 by providing, upon request, all information necessary for that purpose. This paragraph does not apply to free and open-source software that is developed or supplied outside the course of a commercial activity.‘
Justification
Exception for non-commercial free and open-source software from Article 2(2) of the Product Liability Directive (EU) 2024/2853.
against:
Article 24
Responsibility of the controller
- 1.
Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the controller shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with this Regulation. Those measures shall be reviewed and updated where necessary.
- 2.
Where proportionate in relation to processing activities, the measures referred to in paragraph 1 shall include the implementation of appropriate data protection policies by the controller.
- 3.
Adherence to approved codes of conduct as referred to in Article 40 or approved certification mechanisms as referred to in Article 42 may be used as an element by which to demonstrate compliance with the obligations of the controller.
- 4.
The manufacturer shall design and develop its products, services and applications, taking into account the right to the protection of personal data and the state of the art, in such a manner that controllers and processors using those products, services and applications for the processing of personal data are able to comply with their obligations under this Regulation based on the default settings and without having to make disproportionate modifications to those products, services and applications. The manufacturer shall support controllers and processors in fulfilling their obligations under Articles 30, 33 and 34 by providing, upon request, all information necessary for that purpose. This paragraph does not apply to free and open-source software that is developed or supplied outside the course of a commercial activity.‘
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