Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Article 6

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

Article total: 11 parts · 0 Council drafts · 11 Parliament amendments

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Institutional text

European Commission proposal

All Commission’s changes to GDPR

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

No standalone Commission wording is mapped to these tracked parts. A newly proposed provision may have no earlier text of its own.

Institutional text

Council Presidency texts

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

No Council wording is mapped to these tracked parts.

Competing proposals

European Parliament amendments

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

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Additional proposed wording Amendment 361 · Virginie Joron IMCO

2b. The following paragraph 1a is inserted in Article 6

If the offers can be accessed or the goods or services purchased without setting up a permanent user account or without supplying the data, the controller shall provide the data subject with a clear, easily accessible and non-discriminatory option for doing so, and use of this option shall not entail less favourable conditions for the data subject.’

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Header printed in the source: Article 3 – paragraph 1 – point 2 b (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 1 a

Additional proposed wording Amendment 998 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller, Christophe Grudler ITRE · LIBE

i) In Article 6, paragraph 4, point d is replaced by the following

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Header printed in the source: Article 3 – paragraph 1 – point 2 – point i (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 4 – point d

Additional proposed wording Amendment 999 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller, Christophe Grudler ITRE · LIBE

ii) In Article 6, paragraph 1, the following subparagraph is added

The processing of a child’s personal data for advertising purposes and for the creation of personality and user profiles is not permitted.

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Header printed in the source: Article 3 – paragraph 1 – point 2 – point ii (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 1 – subparagraph 3

Additional proposed wording Amendment 1005 · Bart Groothuis, Ivars Ijabs, Morten Løkkegaard, Sophie Wilmès, Nikola Minchev, João Cotrim De Figueiredo, Ana Vasconcelos ITRE · LIBE

In Article 6, paragraph 1, point e, the following sentence is added

This is the case, when processing is necessary for the performance of a task carried out by a Member State related to national security (Article 4(2) TEU).

Context reproduced in the official amendment

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

Article 6, paragraph 1(e)

Justification

It should be made possible for Member State authorities to make use of the necessary personal and non-personal (mixed) datasets if it is used for national security purposes. This amendment is however, not intended to narrow the existing exclusion or invite GDPR oversight of national security processing.

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Header printed in the source: Article 3 – paragraph 1 – point 2 a (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 1 – point e

Additional proposed wording Amendment 1008 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE

In Article 6, paragraph 4, the following sentence is added

Where the intended further processing is compatible with the purposes for which the personal data were initially collected, it may rest on the legal basis that justified their collection; a separate legal basis shall not be required.

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Header printed in the source: Article 3 – paragraph 1 – point 2 b (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 4 – subparagraph (new)

Alternative wording Amendment 1011 · Bart Groothuis, Ivars Ijabs, Morten Løkkegaard, Sophie Wilmès, Nikola Minchev ITRE · LIBE
(2b. Article 6 paragraph 1, point e), the following point is added:
"This is the case, when processing is necessary for the performance of a task carried out inby thea publicMember interestState orrelated to military and defence purposes as mentioned in theArticle exercise42 of official authority vested in the controller;TEU."
Justification

It should be made possible for Member State authorities to make use of the necessary personal and non-personal (mixed) datasets if it is used for military and defence purposes.

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Header printed in the source: Article 3 – paragraph 1 – point 2 b (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 1 – point e – second sentence

Alternative wording Amendment 1012 · Axel Voss ITRE · LIBE
No2c. equivalentArticle 6, paragraph 1, point f, including the second subparagraph, is amended as follows:
(fa) processing is necessary for the anonymisation of personal data and that processing serves the principles of data minimisation or storage limitation. (2nd sub-paragaph) For the purposes of point f, controllers that are part of a group of undertakings within the meaning of Article 4, point 19, or institutions affiliated to a central body, shall be presumed to have a legitimate interest in transmitting personal data within that group or between such affiliated institutions for clearly defined internal administrative purposes, including central human resources management, financial and accounting administration, compliance monitoring, IT and cybersecurity management, internal audit, risk management and group reporting, provided that the processing is necessary and proportionate for those purposes and subject to appropriate technical and organisational safeguards. This presumption shall not affect the rights and freedoms of the data subject, including the right to object under Article 21, the processing of special categories of personal data under Article 9, the processing of personal data relating to criminal convictions and offences under Article 10, or the rules on transfers of personal data to third countries or international organisations under Chapter V. An illustrative list of legitimate interests within the meaning of point f of the first subparagraph is included in Annex II; the Commission is empowered to adopt delegated acts to amend Annex II by adding, deleting or modifying use-cases of legitimate interests, after having consulted the Board referred to in Article 68. Point f of the first subparagraph shall not apply to processing carried out by public authorities where they act in performance of sovereign powers."
Justification

The package makes Article 6 more predictable by clarifying that anonymisation may require a lawful processing step, recognising safeguarded intra-group administrative transfers, and adding a non-exhaustive Annex of legitimate-interest use cases. This supports consistent application across the Union without creating a blanket permission: necessity, proportionality and the balancing test remain required, especially for children. Commission updates after EDPB consultation keep the framework adaptable to new technologies and business practices. (see ANNEX 1a)

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Header printed in the source: Article 3 – paragraph 1 – point 2 c (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 1 – point f –subparagraph

Additional proposed wording Amendment 1013 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE

2d. In Article 6, the following paragraph 1a is inserted:

Justification

Making access to an offer or the purchase of goods or services conditional on the creation of a permanent user account which is not necessary for the contract deprives consent of its free character, contrary to Article 7(4). The amendment requires the controller to offer a clear, easily accessible and non-discriminatory means to proceed without such an account, which may not give rise to less favourable conditions for the data subject. This is the 'guest experience' which the Court of Justice has already held to be required in comparable circumstances.

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Header printed in the source: Article 3 – paragraph 1 – point 2 d (new) / Regulation (EU) 2016/679 / Article 6 – Paragraph 1a (new)

Additional proposed wording Amendment 1015 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

2e. In Article 6, the following paragraph 4a is inserted:

Processing shall be regarded as necessary for the purposes of the legitimate interests pursued within the meaning of point (f) of paragraph 1 only where the following cumulative conditions are met:

Where the interests or fundamental rights and freedoms of the data subject would override the interest pursued, the controller may implement technical and organisational measures to mitigate the impact of the processing on the data subject; where such measures are insufficient, the processing shall not be based on point (f) of paragraph 1.'

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Header printed in the source: Article 3 – paragraph 1 – point 2 e (new) / Regulation (EU) 2016/679 / Article 6 – Paragraph 4a (new)

Additional proposed wording Amendment 1016 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

2f. In Article 6, the following paragraph 4b is inserted:

Where personal data are collected from publicly accessible sources by means of web scraping for the purposes of developing or training an artificial intelligence system or model, the processing may be based on point f of paragraph 1 only where the conditions set out in paragraph 1a are met. In assessing whether the interests or fundamental rights and freedoms of the data subject override the interest pursued, account shall be taken in particular of:

Consent shall not be inferred from the mere online accessibility of personal data, nor from the absence of a technical measure opposing scraping. Where the interests or fundamental rights and freedoms of the data subject would override the interest pursued, the controller may implement mitigating measures, including limiting collection to freely accessible data, excluding sources that oppose scraping, facilitating the right to object including prior to collection, and deleting or anonymising personal data as soon as possible; where such measures are insufficient, the processing shall not be based on point f of paragraph 1.'

Justification

Where personal data are collected from publicly accessible sources by means of web scraping for the purpose of developing or training an artificial intelligence system, reliance on legitimate interest remains subject to the conditions of Article 6(1a). The balancing test takes particular account of the nature of the data, the volume and indiscriminate character of the collection, the difficulty for the data subject of exercising their rights once the model is trained, and the reasonable expectations of the data subject, having regard to the nature of the source and to any technical restriction opposing scraping. The mere online accessibility of personal data does not constitute consent, nor does the absence of a robots.txt file. This codifies the EDPB Guidelines 03/2026.

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Header printed in the source: Article 3 – paragraph 1 – point 2 f (new) / Regulation (EU) 2016/679 / Article 6 – Paragraph 4b (new)

Additional proposed wording Amendment 1604 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen ITRE · LIBE

In Article 6, the following paragraph 3a is inserted:

Further processing of personal data for the sole purpose of anonymising those data shall be considered compatible with the purposes for which the personal data were initially collected and shall be lawful on the basis applicable to the initial processing.

Context reproduced in the official amendment

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

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Header printed in the source: Article 3 b (new) / Regulation (EU) 2016/679 / Article 6 – paragraph 3a (new)