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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 38 – Position of the data protection officer

Only Parliament amendments would change this article. Parliament committees have tabled 1 amendment 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. 27 Jul 2026 ITRE–LIBE amendments 1053–1260 to the draft reportCJ72-AM-791073 1 amendment to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 No amendment to this article.
  7. 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.
  8. 22 Oct 2026 Council textST 14756/26 No amendment to this article.

Parliament amendments

1 amendment to this article

1 proposes alternative wording.

By political group; co-sponsored amendments count for each group
TypeECRPfE
~ Alternative11

By political group

  • ~ Alternative ECR 1 PfE 1
  1. 1241 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Where a data protection officer is shared by several enterprises pursuant to Article 37(2a), or made available by a public body pursuant to Article…”

    9c. In Article 38 paragraph 6 is replaced by the following:

    6. The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. Where a data protection officer is shared by several enterprises pursuant to Article 37(2a), or made available by a public body pursuant to Article 37(4a), the absence of a conflict of interests and the independence of the data protection officer shall be ensured in respect of each participating enterprise."

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 38 – paragraph 6
    Document
    ITRE–LIBE amendments 1053–1260 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 9 c (new) / Regulation (EU) 2016/679 / Article 38 – paragraph 6