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Texts to 22 Oct 2026

EUDPR· Article 24

Text

Article 24 EUDPR as printed in the Council text of 22 October 2026

Automated individual decision-making, including profiling

Title kept from the law in force; this text prints none.

Source Council, 22 October 2026. Article 24: ST 14756/26, page 151 · exact text page

Article 24

Its wording is printed below, under Article 24(1), (2) and (3).

Article 24(1)

1.

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless such processing:

(a)

is necessary for entering into, or performance of, a contract between the data subject and a data controller;

(b)

is authorised by Union law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or

(c)

is based on the data subject's explicit consent.

Article 24(2)

2.

In the cases referred to in points (a) and (c) of paragraph 1, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

Article 24(3)

3.

Decisions referred to in paragraph 1 shall not be based on special categories of personal data referred to in Article 10(1), unless point (a) or (g) of Article 10(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.

Article 24 in the whole EUDPR

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph Commission19 Nov 2025Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 Oct text
24Text of the article No change Unchanged No change Unchanged No change Unchanged No change Unchanged Amends , changed since 3 Sep Changed Amends Unchanged 0
1Paragraph 1 Amends Rewritten Amends , changed since the proposal Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 8
2Paragraph 2 Amends Changed Not isolated Not isolated Amends Not compared Amends Unchanged Amends Unchanged Amends Unchanged 0
3Paragraph 3 No change Unchanged No change Unchanged Amends , rewritten since 10 Jun Rewritten Amends Unchanged Amends Unchanged Amends Unchanged 0
Provisions only Parliament would add or change2 units 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 Not in the law in force or this text In neither text 3

Each text against the law in force: ~Amends amends the law in force=No change leaves the law in force as it is?Not isolated amended within a wider passage— neither the law in force nor the text has it changed from the text before

Each text against the text before it: ~Changed wording changed~Rewritten under half the earlier wording survives=Unchanged same as the text before?Not isolated amended within a wider passage?Not compared no earlier wording to compare— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Amends paragraphs 1 and 2. Article 24 in this text
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes paragraph 1. Article 24 in this text
  3. 18 Jun 2026 Council textST 10677/26 Changed Rewrites paragraph 3. Article 24 in this text
  4. 22 Jun 2026 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)CJ72-PR-786818 2 amendments to this article. Amendments in this document
  5. 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 1 amendment to this article. Amendments in this document
  6. 27 Jul 2026 ITRE–LIBE amendments 1565–1740 to the draft reportCJ72-AM-791874 8 amendments to this article. Amendments in this document
  7. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 24 in this text
  8. 2 Oct 2026 Council textST 13886/26 Changed Changes the article. Article 24 in this text
  9. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 24 in this text

Article 24: Text of the article

Changed by the Council on 2 October

Paragraph 1

Rewritten by the Commission · changed by the Council on 10 June

Parliament amendments 8

1 would delete the wording, 6 propose alternative wording and 1 would add wording to paragraph 1.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DRenewECRPfERapporteur
− Deletion1·····
~ Alternative·121·2
+ Addition····1·

By political group

  • − Deletion The Left 1
  • ~ Alternative S&D 1 Renew 2 ECR 1 Rapporteur 2
  • + Addition PfE 1

Show

  1. 72 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “similarly significantly affects them, unless such processing”

    1. A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision:The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or that similarly significantly affects them, unless such processing:

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    EUDPR Article 24(1)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1 – introductory part
  2. 73 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “is authorised by Union law to which the controller is subject and which lays down suitable measures to safeguard the data subject’s rights and…”

    (b) is authorised by Union law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    EUDPR Article 24(1)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1 – point b
  3. 492 Addition Virginie JoronPfE · IMCO “If a decision referred to in paragraph 1 is based on the outputs of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the…” numbered 1a

    1a.If a decision referred to in paragraph 1 is based on the outputs of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the safeguards accompanying this decision shall not affect the human oversight requirements imposed in Article 14 of this Regulation. In particular, the natural persons responsible for human oversight must be able to understand properly the system’s capabilities and limitations, to interpret correctly its outputs, to remain aware of the risk of over-reliance on these outputs, and to decide not to use the system or not to take its outputs into consideration, to override them or to invalidate them. Automated processing shall not deprive the data subject of the right to seek human intervention, express personal views and contest the decision.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    EUDPR Article 24(1)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1
  4. 1661 Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording

    6. in Article 24 paragraphs 1 and 2 are replaced by the following: 1. A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision: (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means; (b) is authorised by Union law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or (c) is based on the data subject’s explicit consent.’

    Tabled by
    Pernando Barrena Arza, João Oliveira
    Group
    The Left
    Targets
    EUDPR Article 24(1)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1
  5. 1663 Alternative Irena Joveva +5Renew · ITRE–LIBE “affect concerning them or similarly significantly affects them, unless such processing”

    1. A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision:The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal affect concerning them or similarly significantly affects them, unless such processing:

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    EUDPR Article 24(1)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/725 / Article 24 – paragraph 1
  6. 1664 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “when several equally effective automated processing solutions exist, the controller should use the less intrusive one when it does not result in a…”

    (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means, when several equally effective automated processing solutions exist, the controller should use the less intrusive one when it does not result in a significant additional administrative burden for the controller;

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    EUDPR Article 24(1)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1275 / Article 24 – paragraph 1 – point a
  7. 1665 Alternative Irena Joveva +5Renew · ITRE–LIBE “is necessary for entering into, or performance of, a contract between the data subject and a data controller”

    (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means;

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    EUDPR Article 24(1)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1275 / Article 24 – paragraph 1 – point a
  8. 1666 Alternative Marina Kaljurand +8S&D · ITRE–LIBE “is necessary for entering into, or performance of, a contract between the data subject and a data controller;”

    (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means;

    Tabled by
    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
    Group
    S&D
    Targets
    EUDPR Article 24(1)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1 – point a

Paragraph 2

Changed by the Commission

Paragraph 3

Rewritten by the Council on 18 June

Provisions only Parliament amendments would add or change

3 amendments on 2 units the Commission proposal leaves unchanged

Paragraph 1a (new)New2 proposals

  1. 1668 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Where a decision referred to in paragraph 1 is based on the output of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the…”

    1a. In Article 24, the following paragraph is inserted:

    Where a decision referred to in paragraph 1 is based on the output of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the safeguards accompanying that decision shall be without prejudice to the human oversight requirements laid down in Article 14 of that Regulation. In particular, natural persons to whom human oversight is assigned shall be enabled to properly understand the capacities and limitations of the system, to correctly interpret its output, to remain aware of the risk of over-reliance on that output, and to decide not to use the system or to disregard, override or reverse its output. Automated processing shall not deprive the data subject of the right to obtain human intervention, to express his or her point of view and to contest the decision.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    EUDPR Article 24 – Paragraph 1a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – Paragraph 1a (new)
  2. 1669 Addition Irena Joveva +5Renew · ITRE–LIBE “In the cases referred to in points (a), (b) and (c) of paragraph 1, the data controller shall implement suitable technical and organisational…”

    1a. In Article 24, the following paragraph is inserted:

    In the cases referred to in points (a), (b) and (c) of paragraph 1, the data controller shall implement suitable technical and organisational measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain genuine human intervention of the part of the controller, to express his or her point of view and to contest the decision. The human reveiwer designated to perform such intervention shall possess the necessary competance, knowledge to understand all revelant underlining data, and shall be empowered to modify or overide the decision without delay.'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    EUDPR Article 24 – Paragraph 1a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1a (new)

Paragraph 1c (new)New

  1. 1670 Addition Irena Joveva +5Renew · ITRE–LIBE “Decisions referred to in paragraph 1 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g)…”

    1c. In Article 24, the following paragraph is inserted:

    Decisions referred to in paragraph 1 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable technical and organisational measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    EUDPR Article 24 – paragraph 1c (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1c (new)