Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Article 4

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 21 parts · 4 Council drafts · 87 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

All Commission’s changes to GDPR

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 4 May 2016, with all 8 Commission proposal changes affecting this article applied.

Article 4

Definitions

  1. For the purposes of this Regulation:

  2. (1)

    ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

    Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.

  3. (2)

    ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

  4. (3)

    ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

  5. (4)

    ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

  6. (5)

    ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;

  7. (6)

    ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;

  8. (7)

    ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

  9. (8)

    ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

  10. (9)

    ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

  11. (10)

    ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

  12. (11)

    ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

  13. (12)

    ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

  14. (13)

    ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;

  15. (14)

    ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;

  16. (15)

    ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;

  17. (16)

    ‘main establishment’ means:

    1. (a)

      as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;

    2. (b)

      as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;

  18. (17)

    ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;

  19. (18)

    ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;

  20. (19)

    ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;

  21. (20)

    ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;

  22. (21)

    ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;

  23. (22)

    ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because:

    1. (a)

      the controller or processor is established on the territory of the Member State of that supervisory authority;

    2. (b)

      data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or

    3. (c)

      a complaint has been lodged with that supervisory authority;

  24. (23)

    ‘cross-border processing’ means either:

    1. (a)

      processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or

    2. (b)

      processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.

  25. (24)

    ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;

  26. (25)

    ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (1);

  27. (26)

    ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.

  28. (32)

    ‘terminal equipment’ means terminal equipment as set out in Article 1(1) of Directive 2008/63/EC;

  29. (33)

    for ‘electronic communications networks’ the definition of Article 2(1) of Directive (EU) 2018/1972 shall apply;

  30. (34)

    ‘web browser’ means web browser as defined in Article 2(11) of Regulation (EU) 2022/1925;

  31. (35)

    ‘media service’ means a media service as defined in Article 2(1) of Regulation (EU) 2024/1083;

  32. (36)

    ‘media service provider’ means a media service provider as defined in Article 2(2) of Regulation (EU) 2024/1083;

  33. (37)

    ‘online interface’ means an online interface as defined in Article 3(m) of Regulation (EU) 2022/2065.

  34. (38)

    “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.

Commission source wording and instructions

Article 4(1), added sentences

Commission proposal

Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.

Article 4(32)

Commission proposal

‘terminal equipment’ means terminal equipment as set out in Article 1(1) of Directive 2008/63/EC;

Article 4(33)

Commission proposal

for ‘electronic communications networks’ the definition of Article 2(1) of Directive (EU) 2018/1972 shall apply;

Article 4(34)

Commission proposal

‘web browser’ means web browser as defined in Article 2(11) of Regulation (EU) 2022/1925;

Article 4(35)

Commission proposal

‘media service’ means a media service as defined in Article 2(1) of Regulation (EU) 2024/1083;

Article 4(36)

Commission proposal

‘media service provider’ means a media service provider as defined in Article 2(2) of Regulation (EU) 2024/1083;

Article 4(37)

Commission proposal

‘online interface’ means an online interface as defined in Article 3(m) of Regulation (EU) 2022/2065.

Article 4(38)

Commission proposal

(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 4(1), added sentences; point (33)

May Presidency compromise

Proposed change withdrawn

The Council text strikes these Commission-proposed additions. This does not remove wording from existing law.

Article 4(32)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 4(34)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 4(35)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 4(36)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 4(37)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 4(38)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

(38) 'scientific research' means any research conducted in an autonomous and independent manner, with the aim of contributing to the growth of society's general knowledge and wellbeing, generating new or complementing existing scientific knowledge, following a methodological and systematic approach consistent with standards of the relevant scientific field, including ethical standards , and producing verifiable and transparent results.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Political group at the amendment date where available; otherwise the current Parliament affiliation.

Alternative wording Amendment 43 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
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Alternative wording Amendment 44 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(33) for ‘electronic communications networks’ themeans definitionelectronic ofcommunications networks as defined in Article 2(1) point (1) of Directive (EU) 2018/1972 shall apply;
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Remove proposed wording Amendment 98 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
Justification

Perserving the definition of personal data is essential for the EU's fundamental rights based approach for European consumers.

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Remove proposed wording Amendment 232 · Arash Saeidi JURI
1. Article 4 is amended as follows: (a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’ (32) ‘terminal equipment’ means terminal equipment as set out in Article 1(1) of Directive 2008/63/EC; (33) for ‘electronic communications networks’ the definition of Article 2(1) of Directive (EU) 2018/1972 shall apply; (34) ‘web browser’ means web browser as defined in Article 2(11) of Regulation (EU) 2022/1925; (35) ‘media service’ means a media service as defined in Article 2(1) of Regulation (EU) 2024/1083; (36) ‘media service provider’ means a media service provider as defined in Article 2(2) of Regulation (EU) 2024/1083;’ (37) ‘online interface’ means an online interface as defined in Article 3(m) of Regulation (EU) 2022/2065.’ (38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.’
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Source identification

The literal header reads Article 3 – paragraph 1 – point 1 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 1 – introductory part. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 4(38). The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 1 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 1 – introductory part

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 233 · Daniel Buda JURI
‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
Justification

There is a risk that the Commission’s text will narrow the scope of the concept of “personal data” by linking it to a specific entity’s actual ability to identify the person, with a direct impact on the scope of Regulation (EU) 2016/679 and the fundamental right to data protection. Simplification and competitiveness are necessary, but they cannot be achieved by diminishing the protection of fundamental rights or by introducing legal uncertainty into the application of the GDPR.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 (GDPR) / Article 4 – paragraph 1 – point a

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Alternative wording Amendment 234 · Mario Mantovani JURI
‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates. If, for the purposes of this paragraph, information is not classified as personal data in respect of a particular data subject, that data subject shall not, for the purposes of processing such information, have to comply with the administrative or contractual requirements laid down for the sole purpose of processing personal data under Union data protection law.
Justification

The clarification that information should only be classified as personal data if the individual can be identified by reasonably available means primarily concerns pseudonymised data. However, this creates uncertainty for data controllers as regards their administrative requirements (e.g. agreements between the data controller and processor, safeguards for data transfers to third countries). For the sake of legal certainty, it is important to clarify that data subjects whose data is not personal in nature should not be subject to requirements relating to the processing of that data.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – paragraph 1 – point a

Alternative wording Amendment 235 · Ton Diepeveen, Pascale Piera JURI
Information relating to a natural person is not necessarily personal data for every othera person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannotis not reasonably able to identify the natural person to whom the information relates, taking into account the means reasonably likely to be used in practice by that entity, considering all objective factors, such as the costs, technological resources and the amount of time required for identification and the safeguards applied to the processing. Such information does not become personal for that entity merely because the entity which sent the data to that entity or a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 –paragraph 1 – point a

Alternative wording Amendment 236 · Tobiasz Bocheński, Kosma Złotowski JURI
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity, including objective factors such as technological resources, safeguards applied during processing, and the time necessary to complete the identification process. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – paragraph 1 – point a

Alternative wording Amendment 237 · Daniel Buda JURI
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest, in full compliance with the provisions of this Regulation with regard to the protection of personal data, including through the implementation of appropriate technical and organisational measures, such as pseudonymisation, where possible.’ No provision of this definition may be construed as limiting the rights of data subjects provided for in this Regulation.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation 2016/679 / Article 4 – point 38

Remove proposed wording Amendment 344 · David Cormand on behalf of the Verts/ALE Group IMCO
(a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
Justification

There is no substantive impact assessment on changing the definition of personal data, which would have significant effects on protection of consumers and the conduct of businesses in the internal market.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 345 · Kateřina Konečná IMCO
(a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
Justification

The text proposed by the Commission risks undermining the implementation of the European Health Data Space Regulation in relation to trust on accessing and sharing of personal electronic health data. Weakening the definition of personal data erodes the foundation of trust between doctors and patients — a relationship that ensures clinical data are accurate, complete, and valid. The integrity of the treatment relationship is critical to generating reliable data for safe digital solutions. Weakening the definition does not drive innovation but risks undermining the quality and safety of digital health initiatives.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1

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Remove proposed wording Amendment 346 · Virginie Joron IMCO
‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4

Deletion marker printed in the source: deleted

Alternative wording Amendment 347 · Christian Doleschal IMCO
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used in practice by that entity, considering all objective factors, such as the costs, technological resources and the amount of time required for identification and the safeguards applied to the processing. Such information does not become personal for that entity merely because the entity which sent the data to that entity or a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 paragraph 1

Alternative wording Amendment 348 · Piotr Müller IMCO
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates. In assessing the means reasonably likely to be used by a given entity, account shall be taken of the technical and organisational measures implemented by that entity, including pseudonymisation and privacy-enhancing technologies.
Justification

Confirms that data rendered non identifiable by advanced techniques is not personal data for an entity that cannot re-identify it, narrowing the scope of the GDPR and removing compliance cost for anonymised/pseudonymised processing.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1

Remove proposed wording Amendment 349 · David Cormand on behalf of the Verts/ALE Group IMCO
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
Justification

Due to the lack of impact assessment such a change is not adequately justified and therefore should not be proposed unless potential consequences on consumers and businesses in the internal market are clear.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4

Deletion marker printed in the source: deleted

Alternative wording Amendment 350 · Virginie Joron IMCO
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest. Scientific research shall not include the profiling of natural persons, direct marketing, monitoring the behaviour of individuals or activities aimed at influencing or directing the behaviour of natural persons, even if these activities use scientific methods.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 351 · Piotr Müller IMCO
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest. An activity does not lose its scientific research character solely because it is privately funded, is carried out within a commercial undertaking or because the results of that research are subsequently used for commercial activities.
Justification

Confirms that private funding or a commercial dimension does not disqualify scientific research.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 352 · Arba Kokalari IMCO
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude thatresearch testing or development of AI systems or AI models prior to their being placed on the researchmarket mayor alsoput into service or the aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4

Additional proposed wording Amendment 353 · David Cormand on behalf of the Verts/ALE Group IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4

Additional proposed wording Amendment 354 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38 a

Additional proposed wording Amendment 355 · David Cormand on behalf of the Verts/ALE Group IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4

Additional proposed wording Amendment 356 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38 b

Additional proposed wording Amendment 357 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38 c

Additional proposed wording Amendment 358 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – paragraph 38 d

Remove proposed wording Amendment 928 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
(a) In point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – paragraph 2

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Remove proposed wording Amendment 929 · Pernando Barrena Arza ITRE · LIBE
(a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

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Remove proposed wording Amendment 930 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
(a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

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Remove proposed wording Amendment 931 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
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Remove proposed wording Amendment 932 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(a) in point 1, the following sentences are added: ‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
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Alternative wording Amendment 933 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

The amendment changes the destination of the proposal's opening instruction. The treatment of the original following proposal wording has not been established; no reconstructed article is asserted.

(a) in point 5, the following sentences are added

Pseudonymisation does not form part of the definition of personal data laid down in point (1).

Personal data which have undergone pseudonymisation and which could be attributed to a natural person by the use of additional information remain personal data for the controller holding that additional information, and cannot as such be regarded as anonymised.

However, where personal data which have undergone pseudonymisation are made available to another entity, they may cease to be personal data in relation to that entity where the technical and organisational measures referred to in the first subparagraph effectively prevent that entity from attributing the data to the data subject, provided that:

Where it cannot be excluded that the data will be further transmitted to third parties reasonably likely to be able to attribute them to the data subject, the data shall be regarded as personal data in respect of that transmission and of any subsequent processing by those third parties.

Justification

Codifies the judgment of the Court of Justice in Case C-413/23 P (EDPS v SRB) at the place where the Court itself situated it. Pseudonymisation does not form part of the definition of personal data (paragraph 72). Pseudonymised data remain personal data for the controller holding the additional information (paragraph 76) and cannot as such be regarded as anonymised (paragraph 73). They may, however, not be regarded as personal data in relation to a recipient where the technical and organisational measures have been effectively implemented and prevent that recipient from attributing the data to the data subject, including by combination with other information, so that the risk of identification is insignificant (paragraphs 75, 77 and 82). Where onward transmission to third parties able to re-identify cannot be excluded, the data remain personal data (paragraph 85).

Source identification

The amendment changes the destination of the proposal's opening instruction. The treatment of the original following proposal wording has not been established; no reconstructed article is asserted.

Header printed in the source: Article 3 – paragraph 1 – point 1 – point a – introductory part / Regulation (EU) 2016/679 / Article 4 – point 5

Remove proposed wording Amendment 934 · João Oliveira ITRE · LIBE
‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

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Remove proposed wording Amendment 935 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
Justification

The Commission introduces into the very definition of personal data the principle that information is not personal for an entity which cannot identify the natural person concerned. This exceeds a technical amendment: it modifies the definition of a fundamental right, restricts the scope of the Regulation and creates legal uncertainty, as both the EDPB and the EDPS have stressed. The relativity of identifiability confirmed by the Court of Justice belongs to the notion of pseudonymisation (Case C-413/23 P, paragraphs 71 to 72), not to Article 4(1). The definition of personal data therefore remains unchanged, and the graded regime introduced in the following amendments provides the legal certainty sought without distorting the Court's method.

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Remove proposed wording Amendment 936 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

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Alternative wording Amendment 937 · Nadine Morano ITRE · LIBE
Information relating to a natural person isdoes not necessarily constitute personal data for every other person or entity, merely because another person or entity can identify that natural person. Whether or not information constitutes personal data should be assessed on a case-by-case basis, with regard to each person or entity that holds or receives that information, taking into account all means reasonably likely to be used by that person or entity to identify the natural person concerned, including the costs, time required and available technology. Information shall not be personal for a given person or entity where that person or entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used. byDepending on the circumstances, pseudonymisation may prevent a person or entity other than the controller from identifying the data subject, such that, for that person or entity, the data subject is not, or is no longer, identifiable. Such informationThat does not becomeaffect the classification of that information as personal data for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the naturalcontroller, personnor toits whomobligations theunder informationArticles relates13 and 14.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 938 · Francesco Torselli, Paolo Inselvini ITRE · LIBE
Information relating to a natural person isdoes not necessarily constitute personal data for every other person or entity, merely because another entity canis able to identify that natural person. Information shall not beconstitute personal data for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likelyavailable to be used by that entity and to third parties operating in the same sector or geographical context. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates, provided that, where the information refers to economic activities with a high degree of geographical concentration, the combination of geographical, production-related and size-related variables is taken into account for the purposes of assessing the resources that can reasonably be made available. (Our intention is to amend part of the article in question)
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 939 · Dario Nardella ITRE · LIBE
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity and by third parties operating in the same sector or geographical area. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates, provided that, where the information refers to economic activities with a high degree of geographical concentration, the combination of geographical, production-related and size-related variables is taken into account for the purposes of assessing the resources that can reasonably be made available.
Justification

La modifica al dispositivo dell'articolo 4, punto 1, del regolamento (UE) 2016/679 è coerente con il correttivo interpretativo introdotto al considerando 27 mediante l'Emendamento 1. Non altera l'impostazione della proposta della Commissione secondo cui un'informazione può non costituire dato personale per una determinata entità in mancanza di mezzi ragionevolmente utilizzabili per l'identificazione; ma vincola tale valutazione all'esame dei mezzi accessibili nel contesto settoriale e territoriale pertinente, evitando che la specificità semantica dei dati generati da attività economiche territorializzate produca un effetto di de-protezione.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 940 · Aura Salla, Ana Miguel Pedro, Adina Vălean, Henrik Dahl, Andrea Wechsler, Pekka Toveri, Christian Ehler ITRE · LIBE
Information relating to a natural person, depending on the circumstances of the case, is not necessarily personal data for every other person or entity, merelyin becauseso anotherfar entity can identifyas that naturalperson person. Information shall not be personal for a given entity where thator entity cannot identify thethat natural person to whom the information relates, taking into account the means reasonably likely to be used by that person or entity., SuchInformation relating to a natural person is, however, personal data where this information doesis notlikely becometo personalbe forput thator entityis merelyput becauseat athe potentialdisposal subsequentof recipientother haspersons or entities who have the means reasonably likely to beenable usedthe data subject to identifybe the natural person to whom the information relatesidentified.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 941 · François-Xavier Bellamy ITRE · LIBE
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates. The means reasonably likely to be used by a specific entity shall be assessed in the light of that entity's actual technical capabilities, having regard to the ressources, costs, available technical means and time required for identification, rather than hypothetical possibilities.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 942 · Bart Groothuis, Ivars Ijabs, Morten Løkkegaard, Nikola Minchev, Svenja Hahn, Andreas Glück, Katri Kulmuni, João Cotrim De Figueiredo, Ana Vasconcelos ITRE · LIBE
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates. The parameters of a trained AI model do not constitute personal data where, taking into account the means reasonably likely to be used, a natural person whose personal data was processed during training cannot be identified from the model.
Justification

In line with the case law of the Court of Justice of the European Union (ECLI:EU:C:2025:645), the training of an AI model should not be considered as processing of personal data solely on the ground that its output may contain references to personal data. Such an output constitutes the statistically most probable result generated by the model, rather than the retrieval or reproduction of personal data as such.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 943 · Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Andrea Wechsler, François-Xavier Bellamy, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal ITRE · LIBE
Information relating to a natural person, is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. That assessment shall take into account objective factors, including but not limited to costs, time, available technology and the legal means available to that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 944 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used bythrough technical and organisational measures, as well as state of the art technology available to that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Alternative wording Amendment 945 · Mary Khan ITRE · LIBE
‘InformationWhen relatingdetermining towhether a natural person is not necessarily personal data for every other person or entityidentifiable, merely because another entity can identify that natural person. Informationaccount shall not be personaltaken forof a given entity where that entity cannot identify the natural person to whom the information relates, taking into accountall the means reasonably likely to be used by the controller, an actual or foreseeable recipient or any other actor in the processing chain. Pseudonymised data remains personal data, provided that entityre-identification by an actual or foreseeable recipient is legally and practically possible. SuchThe controller shall bear the burden of demonstrating that the risk of re-identification is objectively insignificant, taking into account the state of the art, available additional information doesand the intended audiences. A contractual ban on re-identification alone shall not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relatessuffice.
Justification

Protection must not depend on whether an individual actor claims at any given time that they are unable to identify themselves. What matters is the real risk throughout the entire processing chain.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – paragraph 2

Alternative wording Amendment 946 · Alice Teodorescu Måwe ITRE · LIBE
InformationRegulation relating(EU) 2016/679 shall not apply to the processing of personal data, including sensitive personal data, where: (a) the processing is merely transitory in nature; and (b) the processing is for a purpose that is unrelated to the data subject as an identified or identifiable natural person; and (c) appropriate technical and/or organisational safeguards are in place to prevent any use of the data for a purpose related to the data subject as an identified or identifiable natural person isup notto necessarilythe personalpoint when the data forare everyirreversibly other personanonymised or entity, merely because another entity can identify that natural personerased. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – second part

Additional proposed wording Amendment 947 · Alice Teodorescu Måwe ITRE · LIBE

In Article 4, point 1, the following part is added

Data shall not be considered as personal data within the meaning of Regulation (EU) 2016/679 and other Union and national law referring to or relying on the notion of personal data within the meaning of Regulation (EU) 2016/679 insofar as:

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 1 – third part (new)

Additional proposed wording Amendment 948 · Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, François-Xavier Bellamy, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point a / Regulation (EU) 2016/679 / Article 4 – point 15

Remove proposed wording Amendment 949 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(32) ‘terminal equipment’ means terminal equipment as set out in Article 1(1) of Directive 2008/63/EC;
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 32

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Remove proposed wording Amendment 950 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(33) for ‘electronic communications networks’ the definition of Article 2(1) of Directive (EU) 2018/1972 shall apply;
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 33

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Remove proposed wording Amendment 951 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(33) for ‘electronic communications networks’ the definition of Article 2(1) of Directive (EU) 2018/1972 shall apply;
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 33

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Alternative wording Amendment 952 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(33) forthe definitions of ‘electronic communications networksnetwork’, ‘electronic communications service’, ‘interpersonal communications servicethein definitionpoints (1), (4) and (5) respectively of Article 2(1) of Directive (EU) 2018/1972 shall apply. For the purposes of this Regulation, the definition of ‘interpersonal communications service’ shall include services whether provided for remuneration or not, as well as services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Justification

This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 33

Alternative wording Amendment 953 · Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Marion Walsmann, Andrea Wechsler, François-Xavier Bellamy, Dimitris Tsiodras, Lena Düpont, Romana Tomc, Ana Miguel Pedro, Angelika Niebler, Monika Hohlmeier, Christian Doleschal ITRE · LIBE
(33) for ‘electronic communications networks’ themeans definitiontransmission systems as defined in of Article 2(1) of Directive (EU) 2018/1972 shall apply;
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 33

Remove proposed wording Amendment 954 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(34) ‘web browser’ means web browser as defined in Article 2(11) of Regulation (EU) 2022/1925;
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 34

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Additional proposed wording Amendment 955 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 34a (new)

Remove proposed wording Amendment 956 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(35) ‘media service’ means a media service as defined in Article 2(1) of Regulation (EU) 2024/1083;
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 35

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Remove proposed wording Amendment 957 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(36) ‘media service provider’ means a media service provider as defined in Article 2(2) of Regulation (EU) 2024/1083;’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 36

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Remove proposed wording Amendment 958 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(37) ‘online interface’ means an online interface as defined in Article 3(m) of Regulation (EU) 2022/2065.’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 37

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Remove proposed wording Amendment 959 · João Oliveira ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.’
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

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Remove proposed wording Amendment 960 · Pernando Barrena Arza ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
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The literal header reads Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2026/679 / Article 4 – point 38. Its typo is preserved; the proposal parent and matching target evidence independently support Regulation (EU) 2016/679 Article 4(38).

Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2026/679 / Article 4 – point 38

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Alternative wording Amendment 961 · Alex Agius Saliba ITRE · LIBE
(38) “scientific research” means any research which: a. canfollows alsoa support innovation, such as technological developmentmethodical and demonstrationsystematic approach; b. Theseadheres actionsto shallethical standards in the relevant research field, including the respect for human autonomy and the concept of consent to participate in research, transparency, accountability and oversight; c. is genuinely intended to produce verifiable and transparent results; d. is autonomous and independent and not subject to undue external influence; e. is carried out with the genuine19 aim of contributing to the growth of society’s general knowledge and wellbeing, which does not exclude subsequent commercial interests and; f. has the potential to contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
Justification

Based on EDPB guidelines 1/2026 on processing of personal data for scientific research purposes of April 2026.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 962 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest. Scientific research shall not include the profiling of natural persons, direct marketing, the monitoring of individuals' behaviour, or activities whose purpose is to influence or nudge the behaviour of natural persons, even where such activities apply scientific methods.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 963 · Bart Groothuis, Ivars Ijabs, Morten Løkkegaard, Nikola Minchev, Svenja Hahn, Andreas Glück, Katri Kulmuni, João Cotrim De Figueiredo, Ana Vasconcelos ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest. The development, training, testing and validation of new technologies, such as AI systems, AI models and AI agents may be topics of scientific research where it meets the conditions of this point.
Justification

Clarifying that the development of new technologies, such as the training of an LLM, may also be considered as scientific research.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 964 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological development, demonstration, applied research and demonstrationprivately funded research. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude thatresearch testing or development of AI systems or AI models prior to their being placed on the researchmarket mayor alsoput into service or the aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 965 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(38) “scientific research” means any research whichconducted canin alsoan support innovation, such as technological developmentautonomous and demonstration.independent These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel waysmanner, be carried out with the aim of contributing to the growth of society´ssociety’s generalpublic knowledge, to the public interest or to serve the mankind, generating new or complementing existing scientific knowledge, following a methodological and wellbeingsystematic andapproach adhereconsistent towith generally recognised ethical standards, including the respect for human autonomy and the concept of consent to participate in research, as well as standards applicable in the relevant researchscientific areafield, producing evidence-based, testable, transparent and published results. This does not exclude that the research may also aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 966 · Henrik Dahl ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research maytesting alsoor development activity regarding AI systems or AI models prior to their being placed on the market or put into service or the aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 967 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(38) “scientific research” means any research whichconducted canin also support innovation, such as technological developmentautonomous and demonstration.independent These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel waysmanner, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and, adhere to recognised ethical standards for scientific research in the relevantpublic researchinterest, area.with This does not exclude that the research may also aimrespect to furtherhuman aautonomy commercialand interestproducing verifiable and transparent results.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 968 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
(38) “scientific research” means anyresearch that follows a methodical and systematic approach, adheres to all ethical and other standards in the relevant research which can also support innovationfield, suchis asable technologicalto developmentproduce verifiable and demonstration.transparent These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel waysresults, beand is carried out in an autonomous and independent manner with the aimgenuine objective of contributing to the growth of society´ssociety’s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
Justification

based on EDPB-EDPS Joint Opinion and EDPB Guidelines 1/2026, section 2.1

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 969 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
38. “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 970 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Adina Vălean, Andrea Wechsler, Oliver Schenk, Pekka Toveri, Christian Ehler ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological developmentcreative and demonstration.systematic Thesework actionsundertaken shallin contributeorder to existingincrease scientificthe stock of knowledge, either through experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundations of phenomena and observable facts without any particular application or applyuse existingin view, or through original investigation undertaken in order to acquire new knowledge indirected novelprimarily waystowards a specific, be carried out with thepractical aim ofor contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research areaobjective. This does not exclude that the research may also aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 971 · Oliver Schenk, Marie-Sophie Lanig, Axel Voss, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Andrea Wechsler, François-Xavier Bellamy, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Aura Salla ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological developmentcreative and demonstration.systematic Thesework actionsundertaken shallin contributeorder to existingincrease scientificthe stock of knowledge, either through experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundations of phenomena and observable facts without any particular application or applyuse existingin view, or through original investigation undertaken in order to acquire new knowledge indirected novelprimarily waystowards a specific, be carried out with thepractical aim ofor contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research areaobjective. This does not exclude that the research may also aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 972 · Ondřej Krutílek ITRE · LIBE
(38) “scientific research” means any research which can also support innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards, including scientific methods, in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
Justification

Generally, the definition should not be too restrictive and prevent innovation. Scientific research is foremostly defined by using scientific methods, which should be explicitly mentioned. The definition should not include restrictive conditions linked to the specific entity conducting the scientific research. The qualification of an activity as scientific research should depend on the nature of the research itself, rather than on the characteristics or status of the organisation carrying it out.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 973 · Mary Khan ITRE · LIBE
38. “scientific research” means anymethodologically systematic, traceable and accountable research whichthat canis alsocarried supportout innovation,in suchaccordance aswith technologicalrecognised developmentscientific and demonstration.ethical Thesestandards, actionsfollows shalla contributedocumented toresearch existingagenda scientificand serves the advancement of knowledge or applya existingclearly knowledgedefined inpublic novelinterest. ways,A becommercial carriedinterest outdoes withnot thepreclude aimscientific ofresearch contributingif it is secondary to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. they shall be carried out with the aim of contributing to the developmentpurpose of the generalresearch. knowledgeGeneral product development, targeted advertising, profiling, data trading and well-beingthe training of society,general whileAI respectingsystems ethicalor standardsAI models are not considered scientific research in the field of research concernedthemselves. This does not exclude that the research may also aim to further a commercial interest.’
Justification

Research privileges are intended for genuine science, not to be used as a blanket legal basis for commercial data exploitation.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 974 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(38) “scientific research” means any research which can also support competitiveness, innovation, such as technological development and demonstration. These actions shall contribute to existing scientific knowledge or apply existing knowledge in novel ways, be carried out with the aim of contributing to the growth of society´s general knowledge and wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Alternative wording Amendment 975 · Axel Voss ITRE · LIBE
(38) “scientific research” means any research whichactivity can also support innovation, such asincluding technological development demonstration, fundamental research, applied research and demonstrationprivately funded research. These actions shall contribute to existing scientific knowledge or, apply to existing knowledge in novel ways, or be carried out with the aim of contributing to the growth of society´s general knowledge andor wellbeing and adhere to ethical standards in the relevant research area. This does not exclude that the research may also aim to further a commercial interest.
Justification

Scientific research should be defined by its purpose, methodology and contribution to knowledge, not by whether it is carried out by academia, public bodies or companies. The amendment codifies the broad approach already reflected in GDPR Recital 159, covering technological development, demonstration, fundamental, applied and privately funded research. Commercial interest alone should not exclude genuine research from the GDPR research framework or Article 89 safeguards.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38

Additional proposed wording Amendment 976 · Axel Voss ITRE · LIBE
Justification

RISK-BASED APPROACH #5: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38a (new)

Additional proposed wording Amendment 977 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38a (new)

Additional proposed wording Amendment 978 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
Justification

This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38a (new)

Additional proposed wording Amendment 979 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38a (new)

Additional proposed wording Amendment 980 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38a (new)

Additional proposed wording Amendment 981 · Axel Voss ITRE · LIBE
Justification

RISK-BASED APPROACH #6: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38b (new)

Additional proposed wording Amendment 982 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38b (new)

Additional proposed wording Amendment 983 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38b (new)

Additional proposed wording Amendment 984 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
Justification

This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38b (new)

Additional proposed wording Amendment 985 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
Justification

This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38c (new)

Additional proposed wording Amendment 986 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38c (new)

Additional proposed wording Amendment 987 · Axel Voss ITRE · LIBE
Justification

RISK-BASED APPROACH #7: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38c (new)

Additional proposed wording Amendment 988 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Justification

Defines the recognised privacy-enhancing techniques on which the graded regime rests: pseudonymisation and key separation, encryption at rest and in transit, aggregation and generalisation, statistical noise and differential privacy, synthetic data, secure multi-party computation, secure processing environments, and contractual and organisational prohibitions on re-identification. The technical criteria are to be specified by implementing act, in cooperation with the EDPB, so as not to freeze in the Regulation a state of the art which is bound to evolve.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38d (new)

Additional proposed wording Amendment 989 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
Justification

This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.

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Header printed in the source: Article 3 – paragraph 1 – point 1 – point b / Regulation (EU) 2016/679 / Article 4 – point 38d (new)

Additional proposed wording Amendment 1605 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen ITRE · LIBE

In Article 4, the following point 5a is inserted

"'(5a) “anonymisation” means the processing of personal data in such a manner that the resulting information does not or no longer constitute personal data for the controller or recipient concerned because the natural person to whom the information relates cannot be identified by means reasonably likely to be used by that controller or recipient, taking into account all objective factors and the means and criteria referred to in Article 41a;'

Context reproduced in the official amendment

The amendment reproduces a wider legal passage. It is shown as context because it does not cover the same legal unit as the proposed wording.

Article 4Definitions

For the purposes of this Regulation:

(1)‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

(2)‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

(3)‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

(4)‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

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Header printed in the source: Article 3 c (new) / Regulation (EU) 2016/679 / Article 4 – point 5a (new)