GDPR · Regulation (EU) 2016/679
Article 88bis
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 1 part · 1 Council draft · 0 Parliament amendments
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Institutional text
European Commission proposal
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Institutional text
Council Presidency texts
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Article in September Presidency compromise Council text
Comparison basis: Existing law (4 May 2016) compared with September Presidency compromise (3 September 2026)
Article 88bis
Processing in the context of the development and operation of AI
- 1.
The processing of personal data in the context of the development and operation of an AI system or of an AI model may be carried out for a legitimate interest of the controller or third party, where in accordance with Article 6(1)(f) of this Regulation.
- 2.
Paragraph 1 does not affect the obligation of the controller to choose an appropriate lawful ground of processing set out in Article 6 of this Regulation.
- 3.
Regardless of the lawful ground of processing pursuant to Article 6, processing in the context of the development and operation of AI shall be subject to appropriate technical and organisational measures and safeguards to protect the rights and freedoms of the data subject in accordance with this Regulation.
Article 88bis
September Presidency compromise
Council wording reconstructed for this provision from the official operation
The processing of personal data in the context of the development and operation of an AI system or of an AI model may be carried out for a legitimate interest of the controller or third party, where in accordance with Article 6(1)(f) of this Regulation.
Paragraph 1 does not affect the obligation of the controller to choose an appropriate lawful ground of processing set out in Article 6 of this Regulation.
Regardless of the lawful ground of processing pursuant to Article 6, processing in the context of the development and operation of AI shall be subject to appropriate technical and organisational measures and safeguards to protect the rights and freedoms of the data subject in accordance with this Regulation.
This draft introduces Article 88bis in place of the Commission-proposed AI provision in Article 88c. The official source's wording, including ‘where in accordance’, is preserved.
Article 88bis 1 Council draft
Article 88bis
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
The processing of personal data in the context of the development and operation of an AI system or of an AI model may be carried out for a legitimate interest of the controller or third party, where in accordance with Article 6(1)(f) of this Regulation.
Paragraph 1 does not affect the obligation of the controller to choose an appropriate lawful ground of processing set out in Article 6 of this Regulation.
Regardless of the lawful ground of processing pursuant to Article 6, processing in the context of the development and operation of AI shall be subject to appropriate technical and organisational measures and safeguards to protect the rights and freedoms of the data subject in accordance with this Regulation.
This draft introduces Article 88bis in place of the Commission-proposed AI provision in Article 88c. The official source's wording, including ‘where in accordance’, is preserved.
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