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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 3 – Territorial scope

Only Parliament amendments would change this article. Parliament committees have tabled 3 amendments 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. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 2 amendments to this article. Amendments in this document
  6. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 1 amendment to this article. Amendments in this document
  7. 3 Sep 2026 Council textST 12535/26 No amendment to this article.
  8. 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.
  9. 22 Oct 2026 Council textST 14756/26 No amendment to this article.

Parliament amendments

3 amendments to this article

2 would delete the wording and 1 proposes alternative wording.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&D
− Deletion2·
~ Alternative·1

By political group

  • − Deletion The Left 2
  • ~ Alternative S&D 1

Show

Article 3 as a whole1 amendment

  1. 927 Alternative Marina Kaljurand +8S&D · ITRE–LIBE “4. This Regulation applies to the storing of information, or gaining of access to information already stored, in terminal equipment of users."”

    -1 Article 3 is replaced by the following:

    "Territorial scope 1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. 2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a)the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b)the monitoring of their behaviour as far as their behaviour takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law. 4. This Regulation applies to the storing of information, or gaining of access to information already stored, in terminal equipment of users."

    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 3
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 3 – paragraph 1 – point -1 b (new) / Regulation (EU) 2016/679 / Article 3

Paragraph (7)1 amendment

  1. 248 Deletion Arash SaeidiThe Left · JURI Deletes the Commission’s wording

    7. In Article 22, paragraphs 1 and 2 are replaced by the following: 1. A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision: (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means; (b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or (c) is based on the data subject’s explicit consent.’

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    GDPR Article 3 – paragraph 7
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 3 – paragraph 7

Point (15)1 amendment

  1. 262 Deletion Arash SaeidiThe Left · JURI Deletes the Commission’s wording

    Article 88c

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    GDPR Article 3 – paragraph 1 – point 15
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 15