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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 82

Source
CJ72-AM-791873, page 65 pp. 65–69

Amendments as tabled

Three amendments, each tabled separately · ITRE–LIBE amendments 1261–1564 to the draft report

  1. 1351 Addition Markéta GregorováGreens/EFA · ITRE–LIBE “Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor…”

    14c. In Article 82, paragraph 5 is replaced by the following:

    Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing of from the manufacturers that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.'

    Justification

    linked to Article 24(4) (new)

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 c (new) / Regulation (EU) 2016/679 / Article 82 – paragraph 5
  2. 1354 Addition Markéta GregorováGreens/EFA · ITRE–LIBE “Where damage is caused wholly or partly by an act or omission of a manufacturer, the manufacturer shall be liable to the data subject in addition to…” numbered 6a

    14d. 14c. In Article 82, the following paragraph 6a is added

    6a.Where damage is caused wholly or partly by an act or omission of a manufacturer, the manufacturer shall be liable to the data subject in addition to the controller or processor.’

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 d (new) / Regulation (EU) 2016/679 / Article 82 – paragraph 6a (new)
  3. 1356 Alternative Axel VossEPP · ITRE–LIBE “A claim for compensation for non-material damage arises only in the event of a significant impairment."”

    14e. In Article 82, the first paragraph is replaced by the following:

    "Article 82 Right to compensation and liability 1. Any persondata subject who has suffered proven material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. A claim for compensation for non-material damage arises only in the event of a significant impairment."

    Justification

    The amendment preserves representative complaints and judicial remedies while clarifying that compensation under Article 82 remains a personal claim requiring proven damage. Non-material damage should be compensable where the infringement causes a significant impairment, ensuring effective redress without turning minor or purely formal infringements into mass claims. This protects data subjects’ individual rights, legal certainty for controllers and processors, and a proportionate balance between enforcement and liability.

    Tabled by
    Axel Voss
    Group
    EPP
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 e (new) / Regulation (EU) 2016/679 / Article 82