Digital Omnibus tracker

EU institutions data protection regulation · Regulation (EU) 2018/1725

Article 45a

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

Article total: 1 part · 3 Council drafts · 7 Parliament amendments

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

Institutional text

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 the Commission proposal change affecting this article applied.

Article 45a

  1. The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.

Commission source wording and instructions

Article 45a

Commission proposal

Article 45a The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.

Institutional text

Council Presidency texts

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

Article 45a

June Presidency compromise · 10 June

Proposed change withdrawn

This Council draft strikes the proposed change. This withdraws proposal wording; it does not delete wording 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.

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Remove proposed wording Amendment 267 · Daniel Buda JURI
The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’
Justification

The amendment is a direct consequence of the removal of the Article 41a proposed for the GDPR. If the Commission’s authority to adopt common criteria for pseudonymisation through implementing acts is not maintained, the automatic application of these criteria under Regulation (EU) 2018/1725 cannot be maintained either. The solution prevents the same legal vulnerability from extending to processing carried out by Union institutions, bodies, offices and agencies.

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Source identification

Header printed in the source: Article 4 – paragraph 1 – point 10 / Regulation (EU) 2018/1725 / Article 45 a

Deletion marker printed in the source: deleted

Alternative wording Amendment 496 · Virginie Joron IMCO
The common criteria adopted by the Commission and referred to in articleArticle 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the guidelines issued by the European Data Protection Board and the interpretation of Union law by the Court of Justice of the European Union, including as regards the notions of personal data, identifiable natural person, pseudonymised data and anonymisation.
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against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 10 / Regulation (EU) 2018/1725 / Article 45 a

Remove proposed wording Amendment 1706 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
(10) The following article is added: ‘Article 45a The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’
Justification

No longer applies due to deletion of Article 41a in Regulation (EU) 2016/679

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against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 10 / Regulation (EU) 2018/1725 / Article 45a

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1707 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
10. the following article is added: ‘Article 45a The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’
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against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 10 / Regulation (EU) 2018/1725 / Article 45a

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1708 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
10. the following article is added: ‘Article 45a The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’
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against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 10 / Regulation (EU) 2018/1725 / Article 45a

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1709 · Pernando Barrena Arza, João Oliveira ITRE · LIBE
10. the following article is added: ‘Article 45a The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.’
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against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 10 / Regulation (EU) 2018/1725 / Article 45a

Deletion marker printed in the source: deleted

Alternative wording Amendment 1710 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
The common criteria adopted by the Commission and referred to in article 41a of the Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation, without prejudice to the guidelines issued by the European Data Protection Board and the interpretation of Union law by the Court of Justice of the European Union, including as regards the concepts of personal data, identifiable natural person, pseudonymised data and anonymisation. .
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against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 10 / Regulation (EU) 2018/1725 / Article 45a