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Texts to 22 Oct 2026

GDPR· Article 25

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Text

Article 25 GDPR as printed in the Council text of 22 October 2026

Data protection by design and by default

Source Council, 22 October 2026. Article 25: ST 14756/26, page 136 · exact text page

Scope This text prints Article 25(1), Article 25(2) only.

Article 25(1)

'1.

Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, with particular regard to the lists referred to in Article 35(4) and (5), the controller and the processor shall, both at the time of the determination of the means for processing and at the time of the processing itself as applicable, implement, in an effective manner, appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.

Article 25(2)

2.

The controller and the processor shall implement appropriate technical and organisational measures to ensure that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible to an indefinite number of natural persons without the individual's intervention.

Article 25 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
1Paragraph 1 No change Unchanged Amends , changed since the proposal Changed Amends , changed since 21 May Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 1
2Paragraph 2 No change Unchanged Amends , changed since the proposal Changed Amends , changed since 21 May Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 0
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 2

Each text against the law in force: ~Amends amends the law in force=No change leaves the law in force as it is— neither the law in force nor the text has it changed from the text before

Each text against the text before it: ~Changed wording changed=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 No change Leaves this article as in the law in force.
  2. 21 May 2026 Council textST 9547/26 Changed Changes paragraphs 1 and 2.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 25 in this text
  3. 10 Jun 2026 Council textST 10426/26 Changed Changes paragraphs 1 and 2. Article 25 in this text
  4. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 25 in this text
  5. 27 Jul 2026 ITRE–LIBE amendments 1053–1260 to the draft reportCJ72-AM-791073 3 amendments to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 25 in this text
  7. 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker. Article 25 in this text
  8. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 25 in this text

Paragraph 1

Changed by the Council on 21 May · changed on 10 June

Parliament amendments 1

1 would add wording to paragraph 1.

  1. 1160 Addition Michael McNamara +5Renew · ITRE–LIBE “Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks…”

    7a.In Article 25, paragraph 1 and 2 are replaced by the following:

    1.Taking into account the state of the art, the cost of implementation and 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 posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects. In doing so, particular attention shall be paid to the protection of the rights of children.

    2.The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons. The default settings shall take into account, in particular, the vulnerability of children.

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller, Christophe Grudler
    Group
    Renew
    Targets
    GDPR Article 25 – paragraphs 1 and 2
    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 25 – paragraphs 1 and 2

Paragraph 2

Changed by the Council on 21 May · changed on 10 June

Provisions only Parliament amendments would add or change

2 amendments on 2 units the Commission proposal leaves unchanged

Paragraph 2a (new)New

  1. 1173 Addition Axel VossEPP · ITRE–LIBE “In the case of processing carried out in the course of providing information society services which are likely to be accessed by children, when…”

    7c. In Article 25, the following paragraph 2a is added:

    In the case of processing carried out in the course of providing information society services which are likely to be accessed by children, when assessing what are appropriate technical and organisational measures in accordance with paragraph 1, the controller must take into account the children’s higher protection matters. The children’s higher protection matters are:

    (a)how children can best be protected and supported when using the services, and;

    (b)the fact that children:

    (i)merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing; and

    (ii)have different needs at different ages and at different stages of development.

    This paragraph is not to be read as implying anything about the matters that may be relevant to the assessment of what are appropriate technical and organisational measures for the purposes of paragraph 1 and 2 in cases other than those described in this paragraph. In this paragraph ‘information society services’ does not include preventive or counselling services."

    Justification

    The amendment makes children’s higher protection needs a concrete part of data protection by design for information society services likely to be accessed by children. Controllers must consider how children can best be protected and supported, including their lower awareness of risks and their different needs at different ages and development stages. This creates clearer duties without a one-size-fits-all model, preserves other Article 25 assessments and excludes preventive or counselling services.

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 25 – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 7 c (new) / Regulation (EU) 2016/679 / Article 25 – paragraph 2a (new)

Paragraph 3a (new)New

  1. 1170 Addition Axel VossEPP · ITRE–LIBE “Where personal data processing under paragraph 2 is carried out exclusively by means of Privacy-Enhancing Technologies certified pursuant to…” numbered 3a

    7b.In Article 25, the following paragraphs are added:

    3a.Where personal data processing under paragraph 2 is carried out exclusively by means of Privacy-Enhancing Technologies certified pursuant to paragraph 4, the data controller shall benefit from a rebuttable presumption of compliance with the data minimisation principle under Article 5(1)(c) of Regulation (EU) 2016/679 in respect of that processing. All other obligations under Regulation (EU) 2016/679 shall continue to apply.

    3b.The Commission shall be empowered to adopt delegated acts recognising Privacy-Enhancing Technologies (PETs) and establishing the technical standards and criteria for Privacy-Enhancing Technologies eligible for certification under paragraph 3, following the governance model established in Article 41a of Regulation (EU) 2016/679. Those delegated acts shall be adopted in accordance with the examination procedure and following consultation with relevant authorities as appropriate. Standards shall include benchmarks to prevent misuse of PET certification for data practices that do not genuinely meet minimum privacy thresholds.

    Justification

    Certified PETs make data protection by design operational. Technologies such as differential privacy, homomorphic encryption, synthetic data and robust pseudonymisation reduce identifiability and support data minimisation while enabling data-driven innovation and AI. A rebuttable presumption under Article 5(1)(c) creates a real incentive to deploy certified PETs without exempting controllers from other GDPR duties. Commission-set, technology-neutral standards and benchmarks prevent PET-washing and support interoperable European privacy infrastructure.

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 25 – paragraphs 3a, 3b (new)
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 7 b (new) / Regulation (EU) 2016/679 / Article 25 – paragraphs 3a, 3b (new)