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.’
Remove proposed wordingAmendment 262 · Arash Saeidi JURI
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.
Alternative wordingAmendment 927 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
"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.
Preview against:
Article 3
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.
(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.
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Article 3
Wording reproduced in the amendment → Amendment 927 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
-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."
RemovedAdded
Both texts in full
Wording reproduced in the amendment
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.
Amendment 927 · ITRE–LIBE amendments 777–1052 to the draft report
-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."
Wording reproduced in the amendment → Amendment 248 · JURI amendments 69–296 to the draft opinion: removal
Changes in context
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.’
RemovedAdded
Both texts in full
Wording reproduced in the amendment
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.’
Amendment 248 · JURI amendments 69–296 to the draft opinion: removal
