Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Article 82

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

Article total: 3 parts · 0 Council drafts · 3 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

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 1351 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE

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)

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 14 c (new) / Regulation (EU) 2016/679 / Article 82 – paragraph 5

Additional proposed wording Amendment 1354 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE

14d. 14c. In Article 82, the following paragraph 6a is added

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 14 d (new) / Regulation (EU) 2016/679 / Article 82 – paragraph 6a (new)

Alternative wording Amendment 1356 · Axel Voss ITRE · LIBE
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.

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against:
Source identification

Header printed in the source: Article 3 – paragraph 1 – point 14 e (new) / Regulation (EU) 2016/679 / Article 82