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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 49 – Derogations for specific situations

Only Parliament amendments would change this article. Parliament committees have tabled 1 amendment to this article.

Latest text22 October 2026ST 14756/26

Contains no amendment to this article.

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
  2. 21 May 2026 Council textST 9547/26 No amendment to this article.ST 9547/26 reproduces only some of the proposal’s changes, so this comparison applies only those it shows or visibly drops. It says nothing about the others.
  3. 10 Jun 2026 Council textST 10426/26 No amendment to this article.
  4. 18 Jun 2026 Council textST 10677/26 No amendment to this article.
  5. 27 Jul 2026 ITRE–LIBE amendments 1261–1564 to the draft reportCJ72-AM-791873 1 amendment to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 No amendment to this article.
  7. 2 Oct 2026 Council textST 13886/26 No amendment to this article.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker.
  8. 22 Oct 2026 Council textST 14756/26 No amendment to this article.

Parliament amendments

1 amendment to this article

1 proposes alternative wording.

By political group; co-sponsored amendments count for each group
TypeEPP
~ Alternative1

By political group

  • ~ Alternative EPP 1
  1. 1309 Alternative Axel VossEPP · ITRE–LIBE “10f. In Article 49, the first paragraph is ammended: "”

    10f. In Article 49, the first paragraph is ammended: "Article 49 Derogations for specific situations 1. In the absence of an adequacya decision pursuant to Article 45(3), or of appropriate safeguards pursuant to Article 46, including binding corporate rules, a transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions:"

    Justification

    The amendments support necessary cross-border data flows for EU companies in global value chains, cloud services and multinational groups. Transfer assessments must remain aligned with the Charter and CJEU case law, but should apply a risk-based and proportionate assessment of the safeguards actually used. Where groups apply binding internal rules, common security standards and effective remedies, a rebuttable presumption under Article 46 can reduce formalism without lowering protection or ignoring public-authority access risks.

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 49 – paragraph 1
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 10 f (new) / Regulation (EU) 2016/679 / Article 49 – paragraph 1