GDPR· Article 25a
Text
Article 25a GDPR as printed in the Council text of 22 October 2026
Application of pseudonymisation and identification of a natural person
Source Council, 22 October 2026. Article 25a: ST 14756/26, page 140 · pp. 140–141 · exact text page
Controllers and processors may apply pseudonymisation in order to reduce the risks to the data subjects concerned and to comply with their obligations under this Regulation, in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information. The application of pseudonymisation shall be subject to appropriate technical and organisational measures, including security measures, to prevent other persons from identifying the data subject.
Pseudonymised data shall not be considered personal data for third party if that third party is unable to identify the natural person to whom the data relates.
Where a third party discloses, transmits or otherwise makes data referred to in paragraph 2 available to another third party and, in light of all relevant circumstances, that other third party possesses or can obtain means reasonably likely to enable the data subject to be identified, both the transmission of the data to that other third party and the subsequent processing of the data by that other third party is processing of personal data.
Where a processor processes personal data on behalf of a controller, that data shall be considered personal data for the processor, and the processor continues to be subject to the obligations applicable under this Regulation.
To determine whether a natural person is identifiable, including through personal data having undergone pseudonymisation, account shall be taken of all the means reasonably likely to be used to identify the natural person directly or indirectly.
The Board shall issue an opinion, in accordance with Article 64(2) of this Regulation, addressing the application of pseudonymisation and anonymisation, including related technical and organisational measures.
The Chair of the Board shall request the opinion referred to in paragraph 4 no later than 6 months after the entry into force of this Regulation. The opinion shall be reviewed and updated where necessary.
Cross-referenceParagraph 7 cites ‘the opinion referred to in paragraph 4’. Paragraph 4 mentions no opinion. Paragraph 6 provides for it.
How the provision changed
Each text against the law in forceEach text against the text before it
| What each text would do to the law in force | |||||||
|---|---|---|---|---|---|---|---|
| Element | Commission19 Nov 2025Art 41a | Council21 May 2026Art 29a | Council10 Jun 2026Art 29a | Council18 Jun 2026Art 29a | Council3 Sep 2026Art 25a | Council2 Oct 2026Art 25a | Council22 Oct 2026Art 25a |
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| From the Commission’s Article 41a | |||||||
| Criteria for when pseudonymised data stop being personal | 41a(1)–(2) Adds Added | 29a(2) Adds, replaced since the proposal Replaced An EDPB opinion replaces Commission implementing acts. | 29a(4) Adds, changed since 21 May Changed | 29a(4) Adds, changed since 10 Jun Changed | 25a(6) Adds, changed since 18 Jun Changed | 25a(6) Adds Unchanged | 25a(6) Adds Unchanged |
| Following the criteria as evidence | 41a(3) Adds Added | Not in the law in force or this text, dropped since the proposal Dropped | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text |
| EDPB role in preparing the Commission’s acts | 41a(4) Adds Added | Not in the law in force or this text, dropped since the proposal Dropped | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text |
| Adoption procedure | 41a(5) Adds Added | Not in the law in force or this text, dropped since the proposal Dropped | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text |
| Added in the Council texts | |||||||
| Permission to pseudonymise | Not in the law in force or this text In neither text | 29a(1) Adds, added since the proposal Added | 29a(1), first sentence Adds, changed since 21 May Changed | 29a(1), first sentence Adds Unchanged | 25a(1) Adds Unchanged | 25a(1), first sentence Adds Unchanged | 25a(1), first sentence Adds Unchanged |
| Identifiability test | see Art 4(1) | 29a(1a) Adds, added since the proposal Added | 29a(1), second sentence Adds, changed since 21 May Changed | 29a(1), second sentence Adds Unchanged | 25a(3) Adds, changed since 18 Jun Changed | 25a(5) Adds, changed since 3 Sep Changed | 25a(5) Adds Unchanged |
| Pseudonymised data in the hands of others | see Art 4(1) | Not in the law in force or this text In neither text | 29a(2) Adds, added since 21 May Added | 29a(2) Adds Unchanged | 25a(2) Adds, changed since 18 Jun Changed | 25a(2) Adds, changed since 3 Sep Changed | 25a(2) Adds Unchanged |
| Without-prejudice clause | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 29a(3) Adds, added since 21 May Added | 29a(3), first sentence Adds, changed since 10 Jun Changed | Not in the law in force or this text, dropped since 18 Jun Dropped | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text |
| Processors | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 29a(3), second sentence Adds, added since 10 Jun Added | 25a(4) Adds, changed since 18 Jun Changed | 25a(4) Adds, changed since 3 Sep Changed | 25a(4) Adds Unchanged |
| Onward disclosure to someone able to identify | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 25a(5) Adds, added since 18 Jun Added | 25a(3) Adds, changed since 3 Sep Changed | 25a(3) Adds Unchanged |
| Deadline to request the EDPB opinion | Not in the law in force or this text In neither text | 29a(3) Adds, added since the proposal Added Refers to the opinion “in paragraph 1”; in this text the opinion is in paragraph 2. | 29a(5) Adds, changed since 21 May Changed | 29a(5) Adds Unchanged | 25a(7) Adds Unchanged Council did not update this cross-reference | 25a(7) Adds Unchanged Refers to the opinion “in paragraph 4”; in this text the opinion is in paragraph 6. | 25a(7) Adds Unchanged Refers to the opinion “in paragraph 4”; in this text the opinion is in paragraph 6. |
| Measures preventing identification | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 25a(1), second sentence Adds, added since 3 Sep Added | 25a(1), second sentence Adds Unchanged |
Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before
Each text against the text before it: +Added in this text, not in the text before~Changed wording changed↺Replaced a different mechanism takes its place−Dropped drops a provision the text before added=Unchanged same as the text before— in neither text
Council text of 21 May 2026 · ST 9547/26 ST 9547/26 reproduces only some of the proposal’s changes, so this comparison applies only those it shows or visibly drops. It says nothing about the others.
Council text of 2 October 2026 · ST 13886/26 Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker.
Parliament amendments
66 amendments, all citing the Commission’s numbering
10 amendments would delete the whole article: members of The Left, S&D, Greens/EFA, Renew, EPP and non-attached members, and the IMCO rapporteur.
| Type | The Left | S&D | Greens/EFA | Renew | EPP | ECR | PfE | ESN | NI | Rapporteur |
|---|---|---|---|---|---|---|---|---|---|---|
| − Deletion | 3 | 1 | 2 | 7 | 1 | 1 | 2 | 1 | 1 | 1 |
| ~ Alternative | · | · | · | 2 | 27 | 7 | 4 | · | · | · |
| + Addition | · | · | · | 3 | 6 | · | · | · | · | · |
By political group
- − Deletion The Left 3 S&D 1 Greens/EFA 2 Renew 7 EPP 1 ECR 1 PfE 2 ESN 1 NI 1 Rapporteur 1
- ~ Alternative Renew 2 EPP 27 ECR 7 PfE 4
- + Addition Renew 3 EPP 6
Show
Article 41a as a whole10 amendments
111 −Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’Justification
This is the competence of DPAs, not the Commission. Therefore it is not creating simplification, but rather bypassing MS authorities. The EDPB already adopted Guidelines 01/2025 on pseudonymisation. Imp: EDPB flags already that pseudonymisation is a risk-mitigation measure.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- GDPR Article 41a
- Document
- IMCO draft opinion
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a
256 −Deletion Daniel BudaEPP · JURI Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purposes of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’Justification
Pseudonymisation is not, in and of itself, equivalent to anonymisation. A solution involving implementing acts would take a matter of principle – the scope of the GDPR’s application – out of the realm of the co-legislator and judicial interpretation and turn it into a technical procedure.
- Tabled by
- Daniel Buda
- Group
- EPP
- Targets
- GDPR Article 41a
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 (GDPR) / Article 41 a
257 −Deletion Arash SaeidiThe Left · JURI Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- Arash Saeidi
- Group
- The Left
- Targets
- GDPR Article 41a
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 10 – introductory part
394 −Deletion David CormandGreens/EFA · IMCO Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 41a
- Document
- IMCO amendments 329–532 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / new
1243 −Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the proposed article
Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.
10. The following article is inserted: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- Sibylle Berg, Martin Sonneborn
- Group
- NI
- Targets
- GDPR Article 41a
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 159
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a
1244 −Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
- Group
- S&D
- Targets
- GDPR Article 41a
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 a (new)
1245 −Deletion Irena Joveva +4Renew · ITRE–LIBE Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- Irena Joveva, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- GDPR Article 41a
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a
1246 −Deletion Pernando Barrena ArzaThe Left · ITRE–LIBE Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- Pernando Barrena Arza
- Group
- The Left
- Targets
- GDPR Article 41a
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a
1247 −Deletion Markéta GregorováGreens/EFA · ITRE–LIBE Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- Markéta Gregorová on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 41a
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a
1248 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the proposed article
10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- GDPR Article 41a
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 a
Article heading1 amendment
1250 −Deletion Mary KhanESN · ITRE–LIBE Deletes the Commission’s wording
Article 41aJustification
The Commission could, by means of technical implementing acts, define entire categories of pseudonymised data as being outside the scope of the GDPR. Although pseudonymisation reduces risks, it does not eliminate the link to a person. A legal effect as fundamental as this must not be delegated to the Commission.
- Tabled by
- Mary Khan
- Group
- ESN
- Targets
- GDPR Article 41a, heading
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a
Paragraph (1)Criteria for when pseudonymised data stop being personal10 amendments
395 ~Alternative Virginie JoronPfE · IMCO “has means which are reasonably likely to be used to identify a natural person and to fulfil the obligations relating to a request for consent. These…”
(1)
The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.The Commission shall be authorised to adopt guidelines specifying technical and organisational measures, including consent management mechanisms, privacy-preserving technologies and privacy-strengthening methods, which may be taken into account to determine whether a processor, a subcontractor, a data holder or a data recipient has means which are reasonably likely to be used to identify a natural person and to fulfil the obligations relating to a request for consent. These guidelines shall be adopted in close cooperation with the European Data Protection Board and shall be aimed at improving legal certainty, interoperability and the consistent application of this Regulation throughout the Union. The adoption of these guidelines shall be without prejudice to the interpretation of Union law by the Court of Justice of the European Union, including as regards the notions of personal data, identifiable natural person, pseudonymised data, anonymisation and means reasonably likely to be used.- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- GDPR Article 41a(1)
- Document
- IMCO amendments 329–532 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 a – paragraph 1
1251 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “guidelines specifying technical and organisational measures, including consent-management mechanisms, privacy-preserving technologies and…”
(1)
The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.The Commission shall be empowered to adopt guidelines specifying technical and organisational measures, including consent-management mechanisms, privacy-preserving technologies and privacy-enhancing techniques, that may be taken into account when assessing whether a controller, processor, data holder or data recipient has means reasonably likely to be used to identify a natural person and comply with its consent requesting obligations. Those guidelines shall be adopted in close cooperation with the European Data Protection Board and shall aim to promote legal certainty, interoperability and the consistent application of this Regulation across the Union. The adoption of those guidelines acts shall be without prejudice to the interpretation of Union law by the Court of Justice of the European Union, including as regards the concepts of personal data, identifiable natural person, pseudonymised data, anonymisation and means reasonably likely to be used.- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – Paragraph 1
1252 ~Alternative Alice Teodorescu MåweEPP · ITRE–LIBE “natural person; (c) has appropriate technical and/or organisational safeguards to prevent any use for a purpose related to the”
(1)
The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.The Commission may adopt implementing acts to specify means and criteria to determine when data (a) is merely transitory in nature; (b) is unrelated to the data subject as an identified or identifiable natural person; (c) has appropriate technical and/or organisational safeguards to prevent any use for a purpose related to the data subject as an identified or identifiable natural person.- Tabled by
- Alice Teodorescu Måwe
- Group
- EPP
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 167
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
1253 ~Alternative Michael McNamara +1Renew · ITRE–LIBE “(EDPB) shall issue an opinion in accordance with Article 64(2) addressing the application of pseudonymisation and anonymisation, including related…”
(1)
The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.The European Data Protection Board (EDPB) shall issue an opinion in accordance with Article 64(2) addressing the application of pseudonymisation and anonymisation, including related technical and organisational measures, to specify the means and criteria to determine whether the application of pseudonymisation and anonymisation to personal data effectively prevents the identification of a data subject and the data subject is not or is no longer identifiable.Justification
Provides for an EDPB opinion addressing pseudonymisation and anonymisation, and determining whether their application to personal data prevents identification. Tasks the Commission with facilitating (rather than only encouraging) a code of conduct at Union level, taking the EDPB opinion into account. Then, according to existing GDPR provisions, the EDPB is empowered to provide another opinion on whether the draft code demonstrates compliance, and, if so, the Commission may give the code general validity via implementing act. This approach promotes a harmonised approach with proper oversight.
- Tabled by
- Michael McNamara, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
1254 ~Alternative Oliver Schenk +12EPP · ITRE–LIBE “and in preventing the risk of re-identification”
(1) The Commission may adopt implementing acts to specify
meanstechnical and organisational measures and criteriatosupportingdeterminecontrollers in assessing whether data resulting from anonymisation or pseudonymisation no longer constitutes personal data for certain entities and in preventing the risk of re-identification.- Tabled by
- Oliver Schenk, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Andrea Wechsler, Marie-Sophie Lanig, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Axel Voss, François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
1255 ~Alternative Ondřej KrutílekECR · ITRE–LIBE “because those entities are not reasonably likely to identify the natural person”
(1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities because those entities are not reasonably likely to identify the natural person.
Justification
Generally, the comitology is strongly supported in relation to this issue. Rules of such significance should be adopted in a binding, formal and predictable way to ensure legal certainty for controllers. Soft law in form of EDPB opinion is not acceptable. This is primary concern as regards pseudonymisation; the other proposals just aim to improve on original text.
- Tabled by
- Ondřej Krutílek
- Group
- ECR
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 169
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
1256 ~Alternative François-Xavier BellamyEPP · ITRE–LIBE “(Article 41 new of Regulation (EU) 2016/679)”
(1) The Commission may adopt implementing acts to specify the technical means and any relevant criteria to determine whether data resulting from pseudonymisation constitutes anonymized data that no longer constitutes personal data for
certainaentitiesspecific entity. (Article 41 new of Regulation (EU) 2016/679)- Tabled by
- François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
1257 ~Alternative Henrik DahlEPP · ITRE–LIBE “The Commission may adopt implementing acts to specify means and criteria to determine when data:”
(1) The Commission may adopt implementing acts to specify means and criteria to determine
whetherwhen dataresulting from pseudonymisation no longer constitutes personal data for certain entities.:- Tabled by
- Henrik Dahl
- Group
- EPP
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 170
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
1258 ~Alternative Axel VossEPP · ITRE–LIBE “practical requirements necessary”
(1)
The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities.The Commission may adopt implementing acts providing specifications, criteria, methodologies and practical requirements necessary to ensure the uniform application of this Regulation throughout the Union.Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 – paragraph 1
1259 ~Alternative Tomas Tobé +2EPP · ITRE–LIBE “The Commission may adopt implementing acts to specify means and criteria to determine when data no longer constitutes personal data for certain…”
(1) The Commission may adopt implementing acts to specify means and criteria to determine
whetherwhen dataresulting from pseudonymisationno longer constitutes personal data for certain entities.- Tabled by
- Tomas Tobé, Arba Kokalari, Jörgen Warborn
- Group
- EPP
- Targets
- GDPR Article 41a(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 171
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
New subparagraphs in paragraph 1Criteria for when pseudonymised data stop being personal1 amendment
1260 +Addition Henrik DahlEPP · ITRE–LIBE “is merely transitory in nature; (b) is unrelated to the data subject as an identified or identifiable natural person; (c) has appropriate technical…”
(1a) In Article 41a, paragraph 1, the following subparagraphs a, b, c are added
(a)is merely transitory in nature;
(b)is unrelated to the data subject as an identified or identifiable natural person;
(c)has appropriate technical and/or organisational safeguards to prevent any use for a purpose related to the data subject as an identified or identifiable natural person.'
- Tabled by
- Henrik Dahl
- Group
- EPP
- Targets
- GDPR Article 41a – paragraph 1 – subparagraphs a, b, c (new)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1 – subparagraphs a, b, c (new)
Paragraph (2)Criteria for when pseudonymised data stop being personal2 amendments
1264 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data.- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a(2)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 5
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2
1265 ~Alternative Axel VossEPP · ITRE–LIBE “2. Implementing acts adopted under paragraph 1 may in particular:”
(2)
For the purpose of paragraph 1 the Commission shall:2. Implementing acts adopted under paragraph 1 may in particular:Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a(2)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, pages 5–6
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 – paragraph 2
Paragraph (2)(a)Criteria for when pseudonymised data stop being personal7 amendments
396 ~Alternative Piotr MüllerECR · IMCO “such as privacy enhancing technologies”
(a) assess the state of the art of available techniques, such as privacy enhancing technologies;
- Tabled by
- Piotr Müller
- Group
- ECR
- Targets
- GDPR Article 41a(2)(a)
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 45
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2
1266 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(a) assess the state of the art of available techniques;- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a(2)(a)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 6
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point a
1267 ~Alternative Axel VossEPP · ITRE–LIBE “resulting from anonymisation or pseudonymisation can reasonably be used to identify or re-identify a natural person”
(a)
assess the state of the art of available techniques;specify criteria and methodologies for assessing whether data resulting from anonymisation or pseudonymisation can reasonably be used to identify or re-identify a natural person;Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a(2)(a)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, pages 6–7
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point a
1268 ~Alternative Tomas Tobé +2EPP · ITRE–LIBE “including Privacy Enhancing Technologies (PET)”
(a) assess the state of the art of available techniques, including Privacy Enhancing Technologies (PET);
- Tabled by
- Tomas Tobé, Arba Kokalari, Jörgen Warborn
- Group
- EPP
- Targets
- GDPR Article 41a(2)(a)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 7
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point a
1269 ~Alternative Oliver Schenk +13EPP · ITRE–LIBE “such as privacy-enhancing technologies”
(a) assess the state of the art of available techniques, such as privacy-enhancing technologies;
- Tabled by
- Oliver Schenk, Eva Maydell, Andrea Wechsler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Angelika Niebler, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(2)(a)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 7
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point a
1270 ~Alternative Krzysztof Hetman +1EPP · ITRE–LIBE “such as privacy enhancing technologies”
(a) assess the state of the art of available techniques such as privacy enhancing technologies;;
- Tabled by
- Krzysztof Hetman, Adam Jarubas
- Group
- EPP
- Targets
- GDPR Article 41a(2)(a)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, pages 7–8
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point a
1271 ~Alternative François-Xavier BellamyEPP · ITRE–LIBE “assess the state of the art of available technical means;”
(a) assess the state of the art of available
techniquestechnical means;- Tabled by
- François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(2)(a)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 8
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point a
Paragraph (2)(b)Criteria for when pseudonymised data stop being personal9 amendments
1272 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data.- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 8
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1273 ~Alternative François-Xavier BellamyEPP · ITRE–LIBE “The criteria should take into account, inter alia, the likelihood of identifying a natural person, the possibility of linking records relating to a…”
(b) develop criteria
and or categories for controllers and recipientsto assess the risk of re-identification in practice in relation to typical recipients of data. The criteria should take into account, inter alia, the likelihood of identifying a natural person, the possibility of linking records relating to a natural person, and the potential of inferring information concerning a natural person.- Tabled by
- François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 9
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1274 ~Alternative Ondřej KrutílekECR · ITRE–LIBE “based on costs, amount of time required, available technology, legal powers and restrictions and all other relevant objective factors”
(b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical or reasonably foreseeable recipients of data, based on costs, amount of time required, available technology, legal powers and restrictions and all other relevant objective factors.
Justification
The implementing acts should not directly determine the notion of personal data, they should include the core requirements on the means and criteria. It should be done by introducing the reason for why the data lose the status of personal data in relation to specific entities in para (1) and by adapting point 2(b) to cover the basic factors contributing to risk of re-identification (according to recital 26 GDPR). ‘or reasonably foreseeable’ is added to address risk-based determination of other than typical or intended recipients.
- Tabled by
- Ondřej Krutílek
- Group
- ECR
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1275 ~Alternative Oliver Schenk +13EPP · ITRE–LIBE “taking into account objective factors such as cost, amount of time required, available technology, legal obligations”
(b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data, taking into account objective factors such as cost, amount of time required, available technology, legal obligations.
- Tabled by
- Oliver Schenk, Eva Maydell, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Andrea Wechsler, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig, François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 10
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1276 ~Alternative Alice Teodorescu MåweEPP · ITRE–LIBE “subject as an identified or identifiable natural person”
(b) develop criteria and or categories for controllers and recipients to assess the risk of
re-identificationdatainbeingrelationused for a purpose related totypical recipients ofthe data.subject as an identified or identifiable natural person- Tabled by
- Alice Teodorescu Måwe
- Group
- EPP
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 10
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1277 ~Alternative Katri KulmuniRenew · ITRE–LIBE “subject as an identified or identifiable natural person”
(b) develop criteria and or categories for controllers and recipients to assess the risk of
re-identificationdatainbeingrelationused for a purpose related totypical recipients ofthe data subject as an identified or identifiable natural person.- Tabled by
- Katri Kulmuni
- Group
- Renew
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 11
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1278 ~Alternative Henrik DahlEPP · ITRE–LIBE “subject as an identified or identifiable natural person”
(b) develop criteria and or categories for controllers and recipients to assess the risk of
re-identificationdatainbeingrelationused for a purpose related totypical recipients ofthe data subject as an identified or identifiable natural person.- Tabled by
- Henrik Dahl
- Group
- EPP
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 11
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1279 ~Alternative Tomas Tobé +2EPP · ITRE–LIBE “subject as an identifiable natural person”
(b) develop criteria and or categories for controllers and recipients to assess the risk of
re-identificationdatainbeingrelationused for a purpose related totypical recipients ofthe data.subject as an identifiable natural person- Tabled by
- Tomas Tobé, Arba Kokalari, Jörgen Warborn
- Group
- EPP
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
1280 ~Alternative Axel VossEPP · ITRE–LIBE “methodologies for assessing risks to the rights”
(b)
develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data.specify methodologies for assessing risks to the rights and freedoms of natural persons;Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a(2)(b)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 12
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point b
New points in paragraph 2Criteria for when pseudonymised data stop being personal5 amendments
1281 +Addition Oliver Schenk +13EPP · ITRE–LIBE “assess technical, administrative, organisational and contractual measures that can prevent the risk of re-identification.'”
(ba) In Article 41a, paragraph 2, the following point ba is added
(ba)assess technical, administrative, organisational and contractual measures that can prevent the risk of re-identification.'
- Tabled by
- Oliver Schenk, Eva Maydell, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a – paragraph 2 – point ba (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point ba (new)
1282 +Addition Axel VossEPP · ITRE–LIBE “establish or approve Union-wide Codes of Conduct pursuant to Article 40 where harmonised application is necessary;'”
(ba) In Article 41a, paragraph 2, the following point ba is added
(ba)establish or approve Union-wide Codes of Conduct pursuant to Article 40 where harmonised application is necessary;'
Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a – paragraph 2 – point ba (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 13
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point ba (new)
1283 +Addition Axel VossEPP · ITRE–LIBE “establish or approve Certification mechanisms, seals and marks pursuant to Article 42, including certification criteria and conditions for…”
(bb) In Article 41a, paragraph 2, the following point ba is added
(bb)establish or approve Certification mechanisms, seals and marks pursuant to Article 42, including certification criteria and conditions for accreditation of certification bodies;'
Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a – paragraph 2 – point bb (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point bb (new)
1284 +Addition Axel VossEPP · ITRE–LIBE “specify common technical and organisational measures that may be used to demonstrate compliance with this Regulation;'”
(bc) In Article 41a, paragraph 2, the following point ba is added
(bc)specify common technical and organisational measures that may be used to demonstrate compliance with this Regulation;'
Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a – paragraph 2 – point bc (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point bc (new)
1285 +Addition Axel VossEPP · ITRE–LIBE “identify sector-specific circumstances, processing operations or use cases where harmonised interpretation is necessary to avoid fragmentation of the…”
(bd) In Article 41a, paragraph 2, the following point ba is added
(bd)identify sector-specific circumstances, processing operations or use cases where harmonised interpretation is necessary to avoid fragmentation of the internal market.'
Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a – paragraph 2 – point bd (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 15
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 2 – point bd (new)
Paragraph (3)Following the criteria as evidence12 amendments
397 ~Alternative Virginie JoronPfE · IMCO “Consideration of these elements shall not affect the assessment of specific circumstances on a case-by-case basis by the competent supervisory…”
(3)
The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects.The implementation, by a processor, a subcontractor, a data holder or a data recipient, of technical and organisational measures and criteria set out in the guidelines referred to in paragraph [1] may be referred to as an element which makes it possible to demonstrate that data are not, or are no longer, likely to allow the reidentification of the data subjects, and that the data subject has fulfilled his or her obligations, including those relating to the request for consent, under this Regulation. Consideration of these elements shall not affect the assessment of specific circumstances on a case-by-case basis by the competent supervisory authority or the interpretation of Union law by the Court of Justice of the European Union.- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- GDPR Article 41a(3)
- Document
- IMCO amendments 329–532 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 a – paragraph 3
398 ~Alternative Piotr MüllerECR · IMCO “are implemented, the data shall”
(3)
The implementation ofWhere the means and criteria outlined in an implementing actmayare implemented, the data shall beusedpresumedas an elementnot todemonstrate that data cannotlead to the reidentification of the data subjects.Justification
Turns advanced privacy-enhancing technologies into a rebuttable presumption of compliance, giving legal certainty and rewarding investment in privacy technology instead of paperwork.
- Tabled by
- Piotr Müller
- Group
- ECR
- Targets
- GDPR Article 41a(3)
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 46
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1263 +Addition Michael McNamaraRenew · ITRE–LIBE “3. When preparing a code of conduct on the application of pseudonymisation and anonymisation, in accordance with Article 40(2)(d), due account shall…”
(1c)
3.When preparing a code of conduct on the application of pseudonymisation and anonymisation, in accordance with Article 40(2)(d), due account shall be taken of the European Data Protection Board (EDPB) opinion, as referred to in paragraph 1.
- Tabled by
- Michael McNamara
- Group
- Renew
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, pages 4–5
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1286 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects.- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1287 ~Alternative Francesco TorselliECR · ITRE–LIBE “a group of undertakings, data resulting from pseudonymisation shall no longer constitute personal data for an undertaking where: (a) binding…”
(3)
The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects.In the context of a group of undertakings, data resulting from pseudonymisation shall no longer constitute personal data for an undertaking where: (a) binding intra-group arrangements and appropriate technical and organisational measures, such as logical segregation and access controls, ensure that the undertaking does not have access, and is not reasonably likely to obtain access, to identification keys or additional identifying information held by another group undertaking prohibit any attempt at re-identification, and ensure that the undertaking does not possess other means reasonably likely to enable the re-identification of data subjects; and (b) the undertaking is able to demonstrate the effectiveness of such arrangements and measures.- Tabled by
- Francesco Torselli
- Group
- ECR
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1288 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Such reliance shall be without prejudice to the assessment of the specific circumstances of each case by the competent supervisory authority and to…”
(3)
The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects.The implementation by a controller, processor, data holder or data recipient of the technical and organisational measures and criteria set out in the guidelines referred to in paragraph [1] may be relied upon as an element to demonstrate that the data are not, or are no longer, likely to lead to the re-identification of the data subjects, and that the person concerned has complied with its obligations, including its consent-requesting obligations, under this Regulation. Such reliance shall be without prejudice to the assessment of the specific circumstances of each case by the competent supervisory authority and to the interpretation of Union law by the Court of Justice of the European Union.- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 17
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – Paragraph 3
1289 ~Alternative Oliver Schenk +13EPP · ITRE–LIBE “technical and organisational measures”
(3) The implementation of the
meanstechnical and organisational measures and criteria outlined in an implementing act may be used as an element to demonstrate that pseudonymised datacannotdo not lead to reidentification of the data subjects in a specific case.- Tabled by
- Oliver Schenk, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Marion Walsmann, Romana Tomc, Lena Düpont, Aura Salla, François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1290 ~Alternative Henrik DahlEPP · ITRE–LIBE “as an identified or identifiable natural person”
(3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot
leadbe used for any purpose related toreidentification ofthe data subjects as an identified or identifiable natural person.- Tabled by
- Henrik Dahl
- Group
- EPP
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 18
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1291 ~Alternative Alice Teodorescu MåweEPP · ITRE–LIBE “as an identified or identifiable natural person”
(3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot
leadbe used for any purpose related toreidentification ofthe data subjects as an identified or identifiable natural person.- Tabled by
- Alice Teodorescu Måwe
- Group
- EPP
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1292 ~Alternative Tomas Tobé +2EPP · ITRE–LIBE “as an identifiable natural person”
(3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot
leadbe used for any purpose related toreidentification ofthe data subjects as an identifiable natural person.- Tabled by
- Tomas Tobé, Arba Kokalari, Jörgen Warborn
- Group
- EPP
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 19
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 1
1293 ~Alternative Axel VossEPP · ITRE–LIBE “acts adopted under this Article”
(3)
The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects.Compliance with specifications, criteria or methodologies set out in implementing acts adopted under this Article may be used by controllers and processors as an element to demonstrate compliance with this Regulation.Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 3
1294 ~Alternative François-Xavier BellamyEPP · ITRE–LIBE “The implementation of the means and criteria outlined in an implementing act may be used by an entity as an element to demonstrate that data cannot…”
(3) The implementation of the means and criteria outlined in an implementing act may be used by an entity as an element to demonstrate that data cannot lead to reidentification of the data subjects by that entity.
- Tabled by
- François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 41a(3)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 20
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 new – paragraph 3
Paragraph (4)EDPB role in preparing the Commission’s acts3 amendments
1295 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission.- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a(4)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 4
1296 ~Alternative Tomas Tobé +2EPP · ITRE–LIBE “which shall be made public”
(4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion, which shall be made public, on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission.
- Tabled by
- Tomas Tobé, Arba Kokalari, Jörgen Warborn
- Group
- EPP
- Targets
- GDPR Article 41a(4)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 21
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 4
1297 ~Alternative Axel VossEPP · ITRE–LIBE “European Data Protection Board”
(4) The Commission shall closely involve the
EDPBEuropean Data Protection Board in thepreparationspreparation oftheimplementing acts under this Article. TheEPDBEuropean Data Protection Board shall issue an opinionon the draft implementing actswithina deadline of 8eight weeksasofthereceipt of the draftfromimplementingthe Commissionact.Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a(4)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 – paragraph 4
Paragraph (5)Adoption procedure4 amendments
399 −Deletion Virginie JoronPfE · IMCO Deletes the Commission’s wording
(5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- GDPR Article 41a(5)
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 46
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41 a – paragraph 5
1298 −Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording
(5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 41a(5)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 22
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – Paragraph 5
1299 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a(5)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 22
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 5
1300 ~Alternative Axel VossEPP · ITRE–LIBE “acts referred to in this Article”
(5) The
ImplementingimplementingActsacts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 93(3).Justification
The amendment strengthens harmonised GDPR application by allowing the Commission, with close EDPB involvement, to adopt practical criteria, methodologies and specifications where fragmentation creates uncertainty. This includes anonymisation, pseudonymisation, risk assessment, codes of conduct, certification, technical measures and sectoral use cases. Such acts do not create automatic exemptions, but give controllers and processors reliable tools to demonstrate compliance, reduce over-compliance and support data-driven innovation while preserving safeguards.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 41a(5)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 23
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 5
New paragraphs2 amendments
1261 +Addition Michael McNamara +1Renew · ITRE–LIBE “The Commission shall encourage and facilitate the drawing up of a code of conduct on the application of pseudonymisation and anonymisation, at Union…” numbered 1a
(1a) In Article 41a, the following paragraph 5a is inserted:
The Commission shall encourage and facilitate the drawing up of a code of conduct on the application of pseudonymisation and anonymisation, at Union level in accordance with the procedure planned in Article 40(7), in order to contribute to the proper application of this Regulation.'
Justification
Provides for an EDPB opinion addressing pseudonymisation and anonymisation, and determining whether their application to personal data prevents identification. Tasks the Commission with facilitating (rather than only encouraging) a code of conduct at Union level, taking the EDPB opinion into account. Then, according to existing GDPR provisions, the EDPB is empowered to provide another opinion on whether the draft code demonstrates compliance, and, if so, the Commission may give the code general validity via implementing act. This approach promotes a harmonised approach with proper oversight.
- Tabled by
- Michael McNamara, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a – paragraph 5a (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 3
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 5a (new)
1262 +Addition Michael McNamara +1Renew · ITRE–LIBE “When preparing a code of conduct on the application of pseudonymisation and anonymisation, in accordance with Article 40(2)(d), due account shall be…” numbered 1b
(1b) In Article 41a, the following paragraph 5b is added:
When preparing a code of conduct on the application of pseudonymisation and anonymisation, in accordance with Article 40(2)(d), due account shall be taken of the European Data Protection Board (EDPB) opinion, as referred to in paragraph 1.'
Justification
Provides for an EDPB opinion addressing pseudonymisation and anonymisation, and determining whether their application to personal data prevents identification. Tasks the Commission with facilitating (rather than only encouraging) a code of conduct at Union level, taking the EDPB opinion into account. Then, according to existing GDPR provisions, the EDPB is empowered to provide another opinion on whether the draft code demonstrates compliance, and, if so, the Commission may give the code general validity via implementing act. This approach promotes a harmonised approach with proper oversight.
- Tabled by
- Michael McNamara, Christophe Grudler
- Group
- Renew
- Targets
- GDPR Article 41a – paragraph 5b (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, pages 3–4
- Printed header
- Article 3 – paragraph 1 – point 10 / Regulation (EU) 2016/679 / Article 41a – paragraph 5b (new)