EUTechRegResearch
MenuClose menu
Digital Omnibus legislative tracker
Texts to 22 Oct 2026

GDPR· Article 88bis

Analysis in our dossiers
Where the file stands·AI development and residual sensitive data·Scientific research and commercial R&D

Text

Article 88bis GDPR as printed in the Council text of 22 October 2026

Processing in the context of the development and operation of AI

Source Council, 22 October 2026. Article 88bis: ST 14756/26, page 145 · pp. 145–146 · exact text page

Article 88bis

Its wording is printed below, under Article 88bis(1), (2) and (3).

Article 88bis(1)

(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 a third party in accordance with Article 6(1)(f) of this Regulation.

Article 88bis(2)

(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.

Article 88bis(3)

(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, including the right to object under Article 21.

Article 88bis in the whole GDPR

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph Commission19 Nov 2025Council21 May 2026Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
88bisText of the article Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Adds , added since 18 Jun Added Adds , changed since 3 Sep Changed Adds Unchanged 0
1Paragraph 1 Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Adds , added since 3 Sep Added Adds Unchanged 0
2Paragraph 2 Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Adds , added since 3 Sep Added Adds Unchanged 0
3Paragraph 3 Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Adds , added since 3 Sep Added Adds Unchanged 0

Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before

Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
  2. 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.
  3. 10 Jun 2026 Council textST 10426/26 No amendment to this article.
  4. 18 Jun 2026 Council textST 10677/26 No amendment to this article.
  5. 3 Sep 2026 Council textST 12535/26 Added Adds the article. Article 88bis in this text
  6. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 to 3 and changes the article.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker. Article 88bis in this text
  7. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 88bis in this text

Article 88bis: Text of the article

Added by the Council on 3 September · changed on 2 October

Paragraph 1

Added by the Council on 2 October

Paragraph 2

Added by the Council on 2 October

Paragraph 3

Added by the Council on 2 October