Article 82 – Right to compensation and liability
Only Parliament amendments would change this article. Parliament committees have tabled 3 amendments to this article.
Latest text22 October 2026ST 14756/26
Contains no amendment to this article.
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
- 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.
- 10 Jun 2026 Council textST 10426/26 No amendment to this article.
- 18 Jun 2026 Council textST 10677/26 No amendment to this article.
- 27 Jul 2026 ITRE–LIBE amendments 1261–1564 to the draft reportCJ72-AM-791873 3 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 No amendment to this article.
- 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.
- 22 Oct 2026 Council textST 14756/26 No amendment to this article.
Parliament amendments
3 amendments to this article
1 proposes alternative wording and 2 would add wording.
| Type | Greens/EFA | EPP |
|---|---|---|
| ~ Alternative | · | 1 |
| + Addition | 2 | · |
By political group
- ~ Alternative EPP 1
- + Addition Greens/EFA 2
Show
Article 82 as a whole1 amendment
1356 ~Alternative Axel VossEPP · ITRE–LIBE “A claim for compensation for non-material damage arises only in the event of a significant impairment."”
14e. In Article 82, the first paragraph is replaced by the following:
"Article 82 Right to compensation and liability 1. Any
persondata subject who has suffered proven material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. A claim for compensation for non-material damage arises only in the event of a significant impairment."Justification
The amendment preserves representative complaints and judicial remedies while clarifying that compensation under Article 82 remains a personal claim requiring proven damage. Non-material damage should be compensable where the infringement causes a significant impairment, ensuring effective redress without turning minor or purely formal infringements into mass claims. This protects data subjects’ individual rights, legal certainty for controllers and processors, and a proportionate balance between enforcement and liability.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- GDPR Article 82
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 69
- Printed header
- Article 3 – paragraph 1 – point 14 e (new) / Regulation (EU) 2016/679 / Article 82
Paragraph (5)1 amendment
1351 +Addition Markéta GregorováGreens/EFA · ITRE–LIBE “Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor…”
14c. In Article 82, paragraph 5 is replaced by the following:
Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing of from the manufacturers that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.'
Justification
linked to Article 24(4) (new)
- Tabled by
- Markéta Gregorová on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 82 – paragraph 5
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 65
- Printed header
- Article 3 – paragraph 1 – point 14 c (new) / Regulation (EU) 2016/679 / Article 82 – paragraph 5
New paragraphs1 amendment
1354 +Addition Markéta GregorováGreens/EFA · ITRE–LIBE “Where damage is caused wholly or partly by an act or omission of a manufacturer, the manufacturer shall be liable to the data subject in addition to…” numbered 6a
14d. 14c. In Article 82, the following paragraph 6a is added
6a.Where damage is caused wholly or partly by an act or omission of a manufacturer, the manufacturer shall be liable to the data subject in addition to the controller or processor.’
- Tabled by
- Markéta Gregorová on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 82 – paragraph 6a (new)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 68
- Printed header
- Article 3 – paragraph 1 – point 14 d (new) / Regulation (EU) 2016/679 / Article 82 – paragraph 6a (new)