Article 39 – Tasks of the data protection officer
Only Parliament amendments would change this article. Parliament committees have tabled 2 amendments to this article.
Latest text22 October 2026ST 14756/26
Contains no amendment to this article.
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
- 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.
- 10 Jun 2026 Council textST 10426/26 No amendment to this article.
- 18 Jun 2026 Council textST 10677/26 No amendment to this article.
- 27 Jul 2026 ITRE–LIBE amendments 1053–1260 to the draft reportCJ72-AM-791073 2 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 No amendment to this article.
- 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.
- 22 Oct 2026 Council textST 14756/26 No amendment to this article.
Parliament amendments
2 amendments to this article
1 proposes alternative wording and 1 would add wording.
| Type | EPP | ECR | PfE |
|---|---|---|---|
| ~ Alternative | · | 1 | 1 |
| + Addition | 1 | · | · |
By political group
- ~ Alternative ECR 1 PfE 1
- + Addition EPP 1
Show
New points in paragraph 11 amendment
1240 +Addition Axel VossEPP · ITRE–LIBE “to handle complaints from a data subject or complaints from a body, organisation or association pursuant to Article 80 against the processing of…”
In Article 39, paragraph 1 the following point ea is added
to handle complaints from a data subject or complaints from a body, organisation or association pursuant to Article 80 against the processing of personal data by the controller or the processor, to investigate the subject matter of the complaint to an appropriate extent, and to advise the controller or the processor on appropriate remedial measures in the event of a breach of this Regulation.
Justification
DPO Package #3: The amendment strengthens accountability by recognising DPOs as practical governance safeguards and first points of contact for complaints. DPOs already advise controllers and processors, monitor compliance and support data subjects; giving them an explicit complaint-handling role makes resolution faster, less bureaucratic and closer to the facts. Voluntary or shared DPOs are encouraged. Supervisory authorities remain available where the complaint is not addressed or not fully remedied within one month.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 39 – paragraph 1 – point ea (new)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 9 b (new) / Regulation (EU) 2016/679 / Article 39 – paragraph 1 – point ea (new)
Paragraph (2)1 amendment
1242 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “including, where the data protection officer acts for several enterprises pursuant to Article 37(2a) or (4a), the specific processing operations of…”
9d. in Article 39 paragraph 2 is replaced by the following:
2. The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing, including, where the data protection officer acts for several enterprises pursuant to Article 37(2a) or (4a), the specific processing operations of each of them."
- 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 39 – paragraph 2
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 158
- Printed header
- Article 3 – paragraph 1 – point 9 d (new) / Regulation (EU) 2016/679 / Article 39 – paragraph 2