GDPR · Regulation (EU) 2016/679
Article 5
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 7 parts · 4 Council drafts · 19 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to GDPRThe 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 the Commission proposal change affecting this article applied.
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1),
notbe considered to beincompatiblecompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 5(1)(b)
Commission proposal
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Article in May Presidency compromise Council text
Comparison basis: Existing law (4 May 2016) compared with May Presidency compromise (21 May 2026)
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1),
notbe considered to beincompatiblecompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Article 5(1)(b)
May Presidency compromise
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’);
Article in June Presidency compromise · 10 June Council text
Comparison basis: Existing law (4 May 2016) compared with June Presidency compromise · 10 June (10 June 2026)
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1),
notbe considered to beincompatiblecompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Article 5(1)(b)
June Presidency compromise · 10 June
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’);
Article in June Presidency compromise · 18 June Council text
Comparison basis: Existing law (4 May 2016) compared with June Presidency compromise · 18 June (18 June 2026)
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1),
notbe considered to beincompatiblecompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Article 5(1)(b)
June Presidency compromise · 18 June
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’);
Article in September Presidency compromise Council text
Comparison basis: Existing law (4 May 2016) compared with September Presidency compromise (3 September 2026)
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1),
notbe considered to beincompatiblecompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulations (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Article 5(1)(b)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulations (‘purpose limitation’)
Official source passage and amending instruction
2. Article 5(1)(b) is replaced by the following: ‘(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulations (‘purpose limitation’);’
Article 5(1)(b) 4 Council drafts
Article 5(1)(b)
21 May 2026 · May Presidency compromise
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’);
Article 5(1)(b)
10 June 2026 · June Presidency compromise · 10 June
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’);
Article 5(1)(b)
18 June 2026 · June Presidency compromise · 18 June
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation (‘purpose limitation’);
Article 5(1)(b)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulations (‘purpose limitation’)
Official source passage and amending instruction
2. Article 5(1)(b) is replaced by the following: ‘(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulations (‘purpose limitation’);’
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
More filters
Political group at the amendment date where available; otherwise the current Parliament affiliation.
Alternative wording Amendment 45 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1),
notbe considered to beincompatiblecompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Additional proposed wording Amendment 238 · Ton Diepeveen, Pascale Piera JURI
2a. After Article 5(3), the following subparagraph is added
This paragraph shall not apply if the subscriber or user is a natural person, and the information stored or accessed constitutes the processing of personal data.
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
- 3.
This paragraph shall not apply if the subscriber or user is a natural person, and the information stored or accessed constitutes the processing of personal data.
Alternative wording Amendment 359 · Virginie Joron IMCO
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
‘collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes
, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation;’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Additional proposed wording Amendment 360 · Virginie Joron IMCO
2a. The following subparagraph is added after Article 5(3)
This paragraph shall not apply if the subscriber or user is a natural person and the information stored or accessed constitutes the processing of personal data.
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
- 3.
This paragraph shall not apply if the subscriber or user is a natural person and the information stored or accessed constitutes the processing of personal data.
Remove proposed wording Amendment 990 · Pernando Barrena Arza ITRE · LIBE
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be
compatibleincompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation,(‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 991 · Bart Groothuis, Ivars Ijabs, Morten Løkkegaard, Nikola Minchev, Svenja Hahn, Andreas Glück, Katri Kulmuni, João Cotrim De Figueiredo, Ana Vasconcelos ITRE · LIBE
Justification
Data collected for one purpose can be reused for research, statistics, archiving, or for training, testing, or using AI systems on data from which individuals are not identifiable, and this reuse is deemed compatible with the original purpose (so no separate legal basis is needed under Art. 6(4)), provided the Article 88c safeguards apply and it doesn't override Article 9 (special category data protections).
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or for the development, training, testing, validation or use of new technical solutions based on aggregated data, including AI systems and AI models, subject to the safeguards in Article 88c and without prejudice to Article 9 shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 992 · Mary Khan ITRE · LIBE
Justification
Purpose limitation is a core principle of informational self-determination. A research label shall not replace testing.
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall
,in accordance with Article 89(1),only be considered to be compatible with the initial purposes,independent ofwhen theconditionsrequirements of Article 6(4) and guarantees ofthisArticleRegulation89(1) have been met. General product development as well as the training, testing or validation of general AI systems or AI models shall not be considered compatible purposes solely on the basis of their designation as research (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 993 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the application of appropriate safeguards in accordance with Article 89(1) and the principle of lawfulness, be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 994 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes
, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 995 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes,
independent of the conditions of Article 6(4) of this Regulation,(‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 996 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
Justification
Reinstatement of the currently valid text of the Regulation.
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be
compatibleincompatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation,(‘purpose limitation’); - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 997 · João Oliveira ITRE · LIBE
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
‘collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, subject to the implementation of appropriate safeguards in accordance with Article 89(1), be considered to be compatible with the initial purposes
, independent of the conditions of Article 6(4)of this Regulation, (‘purpose limitation’);’ - (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Additional proposed wording Amendment 1000 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
2a. In Article 5, the following paragraph 2a is inserted:
Where a controller collects personal data from a third party, or purchases, aggregates, enriches, sells or otherwise makes personal data available to third parties for commercial purposes, it shall, as part of the measures referred to in Article 24, verify and document the lawful origin of the data, the legal basis for their initial collection and for any subsequent processing, the purposes for which they were collected, the categories of data and of data subjects concerned, the information provided pursuant to Articles 13 and 14 and, where applicable, the validity of the consent obtained.
The controller shall not rely solely on a general declaration of compliance or on standard contractual terms supplied by the data provider. Verification shall be strengthened where the circumstances of the processing give rise to reasonable doubt as to the lawfulness of the collection or of the making available of the data, in particular where the data originate from an undisclosed or indeterminate source, where they concern a large number of data subjects, or where they have been obtained through successive transfers.
Where the controller is unable to demonstrate that lawfulness, it shall refrain from processing or from continuing to process the data concerned, and from selling them or making them available to third parties.'
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
- 2a.
Where a controller collects personal data from a third party, or purchases, aggregates, enriches, sells or otherwise makes personal data available to third parties for commercial purposes, it shall, as part of the measures referred to in Article 24, verify and document the lawful origin of the data, the legal basis for their initial collection and for any subsequent processing, the purposes for which they were collected, the categories of data and of data subjects concerned, the information provided pursuant to Articles 13 and 14 and, where applicable, the validity of the consent obtained.
The controller shall not rely solely on a general declaration of compliance or on standard contractual terms supplied by the data provider. Verification shall be strengthened where the circumstances of the processing give rise to reasonable doubt as to the lawfulness of the collection or of the making available of the data, in particular where the data originate from an undisclosed or indeterminate source, where they concern a large number of data subjects, or where they have been obtained through successive transfers.
Where the controller is unable to demonstrate that lawfulness, it shall refrain from processing or from continuing to process the data concerned, and from selling them or making them available to third parties.'
Additional proposed wording Amendment 1001 · Axel Voss ITRE · LIBE
2a. In Article 5, the following paragraph is added:
The principles of this Regulation relating to the protection of personal data shall be interpreted in such a way that the requirements of this Regulation are proportionate to the purpose for which they are intended and, in particular, take into account the varying likelihood and severity of the risk that data processing poses to the rights and freedoms of natural persons (risk-based approach). Measures taken to protect personal data must strike a fair balance with the interests or fundamental rights and freedoms of persons other than the data subject."
Justification
INNOVATION PACKAGE #1: Makes the GDPR’s broad protection more proportionate in practice. It clarifies that principles, guidance, complaints and enforcement must reflect actual risk, legal certainty and the balance required by Recital 4. Supervisory authorities and the EDPB should prioritise serious infringements, coordinate with sectoral regulators, involve stakeholders and avoid guidance that creates new obligations. A Data Protection Data Space improves transparency, evidence-based supervision and consistent application across the Union.
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
- 2a.
The principles of this Regulation relating to the protection of personal data shall be interpreted in such a way that the requirements of this Regulation are proportionate to the purpose for which they are intended and, in particular, take into account the varying likelihood and severity of the risk that data processing poses to the rights and freedoms of natural persons (risk-based approach). Measures taken to protect personal data must strike a fair balance with the interests or fundamental rights and freedoms of persons other than the data subject."
Additional proposed wording Amendment 1003 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE
In Article 5, the following paragraph 3 is added
The principles and obligations laid down in this Regulation shall be applied and interpreted in a manner that is commensurate with the objective pursued by the provision concerned, that restricts the free movement of personal data no further than is necessary, and that gives due weight to the interests and to the fundamental rights and freedoms of persons other than the data subject.'
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Additional proposed wording Amendment 1006 · Kristian Vigenin ITRE · LIBE
2a. Article 5, paragraph 2 is amended as follows
The controller shall be responsible for, and demonstrate compliance with, paragraph 1 (‘accountability’).
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and
be able todemonstrate compliance with, paragraph 1 (‘accountability’).
Alternative wording Amendment 1009 · Axel Voss ITRE · LIBE
Justification
DPO Package #1: The amendment strengthens accountability by recognising DPOs as practical governance safeguards and first points of contact for complaints. DPOs already advise controllers and processors, monitor compliance and support data subjects; giving them an explicit complaint-handling role makes resolution faster, less bureaucratic and closer to the facts. Voluntary or shared DPOs are encouraged. Supervisory authorities remain available where the complaint is not addressed or not fully remedied within one month.
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’). When assessing compliance with the accountability obligation, appropriate governance structures, in particular, the appointment of a data protection officer in accordance with Article 37, shall be taken into account."
Additional proposed wording Amendment 1010 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
2b. After Article 5, paragraph 3, the following subparagraph is added
This paragraph shall not apply if the subscriber or user is a natural person, and the information stored or accessed constitutes the processing of personal data.
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
- 3.
This paragraph shall not apply if the subscriber or user is a natural person, and the information stored or accessed constitutes the processing of personal data.
Alternative wording Amendment 1014 · Axel Voss ITRE · LIBE
against:
Article 5
Principles relating to processing of personal data
- 1.
Personal data shall be:
- (a)
processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- (b)
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), be considered to be compatible with the initial purposes, independent of the conditions of Article 6(4) of this Regulation, (‘purpose limitation’);
- (c)
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);- 1.
Personal data shall be:"
- 1.
- (d)
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
- (e)
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- (f)
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- (a)
- 2.
The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
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Article 5(1)(b)
European Commission proposal → Council Presidency text · ST 9547/26
Changes in context
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Both texts in full
European Commission proposal
Council Presidency text · ST 9547/26
Article 5(1)(b)
Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 9547/26
Council Presidency text · ST 10426/26
Article 5(1)(b)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 5(1)(b)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 990 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 990 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 991 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 991 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 992 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 992 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 993 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 993 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 994 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 994 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 995 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 995 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 996 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 996 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 997 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 997 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 45 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 45 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Article 5(1)(b)
Wording reproduced in the amendment → Amendment 359 · IMCO amendments 329–532 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 359 · IMCO amendments 329–532 to the draft opinion
Article 5 – paragraph 1– point c
Wording reproduced in the amendment → Amendment 1014 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1014 · ITRE–LIBE amendments 777–1052 to the draft report
Article 5 – paragraph 2
Wording reproduced in the amendment → Amendment 1009 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded