Article 30 – Records of processing activities

2 would add wording.

New points in paragraph 11 amendment

1. 1165 +Addition Julie Rechagneux +8ECR, PfE · ITRE–LIBE “where personal data are collected from a third party, purchased, aggregated, enriched, sold or otherwise made available to third parties for…”

   In Article 30, paragraph 1, the following point ga is added

   where personal data are collected from a third party, purchased, aggregated, enriched, sold or otherwise made available to third parties for commercial purposes, the categories of data providers and of data recipients, the categories of data concerned, the purposes pursued, the legal basis relied upon, and the elements demonstrating the lawful origin of the data and of their making available.

   The identity of the providers and recipients concerned shall be retained by the controller and made available to the supervisory authority upon request."

   Wider passage printed with the amendment

   (new)

   Tabled by

   Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay

   Group

   ECR, PfE

   Targets

   GDPR Article 30 – Paragraph 1 – point ga (new)

   Document

   ITRE–LIBE amendments 1053–1260 to the draft report

   Source

   Official text, pages 94–95

   Printed header

   Article 3 – paragraph 1 – point 7 a (new) / Regulation (EU) 2016/679 / Article 30 – Paragraph 1 – point ga (new)

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New paragraphs1 amendment

1. 1600 +Addition Andrea Wechsler +8EPP · ITRE–LIBE “Paragraphs 1-4 shall not apply to associations, foundations, and other non-profit organisations whose processing activities are limited to the…”

   In Article 30, paragraph 5a is added

   Paragraphs 1-4 shall not apply to associations, foundations, and other non-profit organisations whose processing activities are limited to the purposes described in Article 13(6).

   Wider passage printed with the amendment

   Article 30 Records of processing activities 1. Each controller and, where applicable, the controller’s represen tative, shall maintain a record of processing activities under its respon sibility. That record shall contain all of the following information:

   (a)the name and contact details of the controller and, where applicable, the joint controller, the controller’s representative and the data protection officer; (b) the purposes of the processing; (c) a description of the categories of data subjects and of the categories of personal data; (d) the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or inter national organisations;

   (e)where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1), the docu mentation of suitable safeguards; (f) where possible, the envisaged time limits for erasure of the different categories of data; (g) where possible, a general description of the technical and organisa tional security measures referred to in Article 32(1). 2. Each processor and, where applicable, the processor’s representa tive shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing: (a) the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller’s or the processor’s represen tative, and the data protection officer; (b) the categories of processing carried out on behalf of each controller; (c) where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1), the docu mentation of suitable safeguards; B (d) where possible, a general description of the technical and organisa tional security measures referred to in Article 32(1). 3. The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic form. 4. The controller or the processor and, where applicable, the controller’s or the processor’s representative, shall make the record available to the supervisory authority on request. 5. The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an organisation employing fewer than 250 persons unless the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data as referred to in Article 9(1) or personal data relating to criminal convictions and offences referred to in Article 10.

   Justification

   Record-keeping obligations under Article 30 should be proportionate to the actual risk of the processing activity. Small non-profit organisations, associations and foundations often lack dedicated compliance structures and process data only for limited internal administrative purposes. Requiring full records of processing activities in such low-risk cases creates administrative burdens without a corresponding benefit for data subjects. This amendment clarifies that the exemption applies to non-profit organisations where processing is limited to the purposes set out in Article 13(6), while preserving the full obligation where processing is likely to result in a high risk to the rights and freedoms of data subjects.

   Tabled by

   Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Lena Düpont, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen

   Group

   EPP

   Targets

   GDPR Article 30 – paragraph 5a (new)

   Document

   ITRE–LIBE amendments 1565–1740 to the draft report

   Source

   Official text, pages 53–55

   Printed header

   Article 3 – paragraph 1 b (new) / Regulation (EU) 2016/679 / Article 30 – paragraph 5a (new)

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