Regulation (EU) 2018/1725 — Article 39

Article total: 5 parts · 3 Council drafts · 5 Parliament amendments

Tracked part

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

Institutional text

European Commission proposal

All Commission’s changes to EU institutions data protection regulation

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 23 October 2018, with all 3 Commission proposal changes affecting this article applied.

Removed by the proposal: Article 39(5), Article 39(6).

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The ~~European~~lists, ~~Data~~the ~~Protection Supervisor shall establish~~template and ~~make~~methodology ~~public~~adopted aby ~~list~~the Commission and referred to in paragraph 6a of ~~the~~Article ~~kind~~35 of ~~processing~~Regulation ~~operations~~(EU) ~~which~~2016/679 ~~are~~should ~~subject~~apply to the ~~requirement~~processing ~~for~~of apersonal data ~~protection~~under ~~impact~~this ~~assessment pursuant to paragraph 1~~Regulation.
5.

~~The European Data Protection Supervisor may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required.~~
6.

Prior to the adoption of the lists referred to in paragraphs 4 and 5 of this Article, the European Data Protection Supervisor shall request that the European Data Protection Board set up by Article 68 of Regulation (EU) 2016/679 examine such lists in accordance with point (e) of Article 70(1) of that Regulation where they refer to processing operations by a controller acting jointly with one or more controllers other than Union institutions and bodies.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Commission source wording and instructions

Article 39(4)

Commission proposal

Article 39(5)

Commission proposal

(8) Article 39 is amended as follows: (a) Paragraph 4 is replaced by the following: ‘4. The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’ (b) Paragraphs 5 and 6 are deleted.

Article 39(6)

Commission proposal

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Council document

View full Council comparison →

Article in June Presidency compromise · 10 June Council text

Comparison basis: Existing law (23 October 2018) compared with June Presidency compromise · 10 June (10 June 2026)

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The ~~European~~lists, ~~Data~~the ~~Protection Supervisor shall establish~~template and ~~make~~methodology ~~public~~established aby ~~list~~the Board and referred to in paragraph 6a of ~~the~~Article ~~kind~~35 of ~~processing~~Regulation ~~operations~~(EU) ~~which~~2016/679 ~~are~~should ~~subject~~apply to the ~~requirement~~processing ~~for~~of apersonal data ~~protection~~under ~~impact~~this ~~assessment~~Regulation.’ ~~pursuant~~(b) toParagraphs ~~paragraph~~5 1and 6 are deleted.
5.

The European Data Protection Supervisor may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required.
6.

Prior to the adoption of the lists referred to in paragraphs 4 and 5 of this Article, the European Data Protection Supervisor shall request that the European Data Protection Board set up by Article 68 of Regulation (EU) 2016/679 examine such lists in accordance with point (e) of Article 70(1) of that Regulation where they refer to processing operations by a controller acting jointly with one or more controllers other than Union institutions and bodies.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Article 39(4)

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

4. The lists, the template and methodology established by the Board and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’

(b)

Paragraphs 5 and 6 are deleted.

Article 39(5)

June Presidency compromise · 10 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

Article 39 is amended as follows:

(a)

Paragraph 4 is replaced by the following: ‘4. The lists, the template and methodology established by the Board and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’

(b)

Paragraphs 5 and 6 are deleted.

Article 39(6)

June Presidency compromise · 10 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

Article 39 is amended as follows:

(a)

(b)

Paragraphs 5 and 6 are deleted.

View full Council comparison →

Article in June Presidency compromise · 18 June Council text

Comparison basis: Existing law (23 October 2018) compared with June Presidency compromise · 18 June (18 June 2026)

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The European Data Protection Supervisor shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1.
5.

The European Data Protection Supervisor may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required.
6.

Prior to the adoption of the lists referred to in paragraphs 4 and 5 of this Article, the European Data Protection Supervisor shall request that the European Data Protection Board set up by Article 68 of Regulation (EU) 2016/679 examine such lists in accordance with point (e) of Article 70(1) of that Regulation where they refer to processing operations by a controller acting jointly with one or more controllers other than Union institutions and bodies.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Article 39(4)

June Presidency compromise · 18 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

9. (a) ‘4. (b)

Article 39(5)

June Presidency compromise · 18 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

9. (a) ‘4. (b)

Article 39(6)

June Presidency compromise · 18 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

9. (a) ‘4. (b)

View full Council comparison →

Article in September Presidency compromise Council text

Comparison basis: Existing law (23 October 2018) compared with September Presidency compromise (3 September 2026)

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The European Data Protection Supervisor shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1.
5.

The European Data Protection Supervisor may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required.
6.

Prior to the adoption of the lists referred to in paragraphs 4 and 5 of this Article, the European Data Protection Supervisor shall request that the European Data Protection Board set up by Article 68 of Regulation (EU) 2016/679 examine such lists in accordance with point (e) of Article 70(1) of that Regulation where they refer to processing operations by a controller acting jointly with one or more controllers other than Union institutions and bodies.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Article 39

September Presidency compromise

Proposed change withdrawn

The 3 September Council text marks this proposed change as withdrawn and supplies no replacement wording. This does not by itself remove text from existing law.

Article 39(4) 3 Council drafts

Article 39(4)

10 June 2026 · June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

(b)

Paragraphs 5 and 6 are deleted.

Article 39(4)

18 June 2026 · June Presidency compromise · 18 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

9. (a) ‘4. (b)

Article 39

3 September 2026 · September Presidency compromise

Proposed change withdrawn

The 3 September Council text marks this proposed change as withdrawn and supplies no replacement wording. This does not by itself remove text from existing law.

Article 39(5) 3 Council drafts

Article 39(5)

10 June 2026 · June Presidency compromise · 10 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

Article 39 is amended as follows:

(a)

(b)

Paragraphs 5 and 6 are deleted.

Article 39(5)

18 June 2026 · June Presidency compromise · 18 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

9. (a) ‘4. (b)

Article 39

3 September 2026 · September Presidency compromise

Proposed change withdrawn

The 3 September Council text marks this proposed change as withdrawn and supplies no replacement wording. This does not by itself remove text from existing law.

Article 39(6) 3 Council drafts

Article 39(6)

10 June 2026 · June Presidency compromise · 10 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

Article 39 is amended as follows:

(a)

(b)

Paragraphs 5 and 6 are deleted.

Article 39(6)

18 June 2026 · June Presidency compromise · 18 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

9. (a) ‘4. (b)

Article 39

3 September 2026 · September Presidency compromise

Proposed change withdrawn

The 3 September Council text marks this proposed change as withdrawn and supplies no replacement wording. This does not by itself remove text from existing law.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

Search amendments

Political group at the amendment date where available; otherwise the current Parliament affiliation.

Alternative wording Amendment 74 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)

4. The lists, the template and methodology ~~adopted~~established by the ~~Commission~~Board and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.

Preview
against:

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The ~~European~~lists, ~~Data~~the ~~Protection Supervisor shall establish~~template and ~~make~~methodology ~~public~~established aby ~~list~~the Board and referred to in paragraph 6a of ~~the~~Article ~~kind~~35 of ~~processing~~Regulation ~~operations~~(EU) ~~which~~2016/679 ~~are~~should ~~subject~~apply to the ~~requirement~~processing ~~for~~of apersonal data ~~protection~~under ~~impact~~this ~~assessment pursuant to paragraph 1~~Regulation.
5.

~~The European Data Protection Supervisor may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required.~~
6.

Prior to the adoption of the lists referred to in paragraphs 4 and 5 of this Article, the European Data Protection Supervisor shall request that the European Data Protection Board set up by Article 68 of Regulation (EU) 2016/679 examine such lists in accordance with point (e) of Article 70(1) of that Regulation where they refer to processing operations by a controller acting jointly with one or more controllers other than Union institutions and bodies.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The lists, the template and methodology ~~adopted~~established by the ~~Commission~~Board and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Alternative wording Amendment 495 IMCO

4. The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the right of the national supervisory authorities to draft their own guidelines, standards and lists, which shall be taken into account by the Board and the Commission.

Preview
against:

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the right of the national supervisory authorities to draft their own guidelines, standards and lists, which shall be taken into account by the Board and the Commission.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Alternative wording Amendment 1703 ITRE · LIBE

4. The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the right of the national supervisiory authorities to develop their own guidance, standards and lists, which the Board and the Commission shall take into account.

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against:

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the right of the national supervisiory authorities to develop their own guidance, standards and lists, which the Board and the Commission shall take into account.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Alternative wording Amendment 1704 ITRE · LIBE

4. The lists, the template and methodology ~~adopted~~established and made public by the ~~Commission~~Board and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.

Preview
against:

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The lists, the template and methodology ~~adopted~~established and made public by the ~~Commission~~Board and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Remove proposed wording Amendment 1705 ITRE · LIBE

~~(b) Paragraphs 5 and 6 are deleted.~~

Preview
against:

Article 39

Data protection impact assessment

1.

Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
2.

The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
3.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
1. (a)
  
  a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
2. (b)
  
  processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
3. (c)
  
  a systematic monitoring of a publicly accessible area on a large scale.
4.

The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
5.

The European Data Protection Supervisor may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required.
6.

Prior to the adoption of the lists referred to in paragraphs 4 and 5 of this Article, the European Data Protection Supervisor shall request that the European Data Protection Board set up by Article 68 of Regulation (EU) 2016/679 examine such lists in accordance with point (e) of Article 70(1) of that Regulation where they refer to processing operations by a controller acting jointly with one or more controllers other than Union institutions and bodies.
7.
The assessment shall contain at least:
1. (a)
  
  a systematic description of the envisaged processing operations and the purposes of the processing;
2. (b)
  
  an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
3. (c)
  
  an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
4. (d)
  
  the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
8.

Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
9.

Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
10.

Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
11.

Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

Article in June Presidency compromise · 10 June Council text

Article in June Presidency compromise · 18 June Council text

Article in September Presidency compromise Council text

Changes in context

Wording reproduced in the amendment

Amendment 1705 · ITRE–LIBE amendments 1565–1740 to the draft report: removal

Changes in context

European Commission proposal

Council Presidency text · ST 10426/26

Changes in context

Wording reproduced in the amendment

Amendment 1703 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 1704 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 74 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)

Changes in context

Wording reproduced in the amendment

Amendment 495 · IMCO amendments 329–532 to the draft opinion