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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 34 – Communication of a personal data breach to the data subject

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 1 amendment to this article. Amendments in this document
  6. 27 Jul 2026 ITRE–LIBE amendments 1053–1260 to the draft reportCJ72-AM-791073 2 amendments 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

1 proposes alternative wording and 2 would add wording.

By political group; co-sponsored amendments count for each group
TypeS&DEPPECR
~ Alternative1··
+ Addition·11

By political group

  • ~ Alternative S&D 1
  • + Addition EPP 1 ECR 1

Show

Article 34 as a whole1 amendment

  1. 1202 Alternative Marina Kaljurand +8S&D · ITRE–LIBE “4a. The Board shall establish and make public a list of the circumstances in which a personal data breach is likely to result in a high risk to the…”

    8a. Article 34 is replaced by the following:

    "Communication of a personal data breach to the data subject 1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3). 3. The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:(a)the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;(b)the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;(c)it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner. 4. If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met. 4a. The Board shall establish and make public a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person under paragraph 1."

    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 34
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 8 a (new) / Regulation (EU) 2016/679 / Article 34

Paragraph (2)1 amendment

  1. 1201 Addition Angelika Niebler +1EPP · ITRE–LIBE “The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the…”

    8a. Article 34, paragraph 2 is amended as follows

    2.The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3) and, where possible, the categories of personal data records concerned.

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 34 – paragraph 2
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 8 a (new) / Regulation (EU) 2016/679 / Article 34 – paragraph 2

New paragraphs1 amendment

  1. 255 Addition Mario MantovaniECR · JURI “The European Data Protection Board shall draw up a common, comprehensive list of the circumstances in which a breach is deemed to be high risk.”

    8a. In Article 34, paragraph 1a is added:

    The European Data Protection Board shall draw up a common, comprehensive list of the circumstances in which a breach is deemed to be high risk.

    Justification

    If simplification is to be effective, legal certainty is a must.

    Tabled by
    Mario Mantovani
    Group
    ECR
    Targets
    GDPR Article 34 – paragraph 1 a (new)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 8 a (new) / Regulation (EU) 2016/679 / Article 34 – paragraph 1 a (new)