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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 83

Source
CJ72-AM-791873, page 58 pp. 58–69

Amendments as tabled

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

  1. 1342 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “infringements of the obligations relating to the verification, documentation and demonstration of the lawful origin, lawful processing and lawful…”

    14a. In Article 83(5), the following point is added:

    (ea)infringements of the obligations relating to the verification, documentation and demonstration of the lawful origin, lawful processing and lawful making available of personal data collected from a third party, purchased, aggregated, enriched, sold or otherwise made available to third parties for commercial purposes, pursuant to Article 5(2a).

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 a (new) / Regulation (EU) 2016/679 / Article 83 – Paragraph 5 – point ea (new)
  2. 1344 Alternative Marina Kaljurand +8S&D · ITRE–LIBE “(f) confidentiality of Communications pursuant to Articles 91a, 91b, 91c, 91d and 91e."”

    14a. Article 83 paragraph 5 is replaced by the following:

    5. Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher: (a) the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9; (b) the data subjects' rights pursuant to Articles 12 to 22; (c) the transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles 44 to 49; (d) any obligations pursuant to Member State law adopted under Chapter IX; (e) non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the supervisory authority pursuant to Article 58(2) or failure to provide access in violation of Article 58(1). (f) confidentiality of Communications pursuant to Articles 91a, 91b, 91c, 91d and 91e."

    Justification

    This change is proposed due to other amendments tabled moving e-privacy provisions under Regulation (EU) 2016/679.

    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
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 a (new) / Regulation (EU) 2016/679 / Article 83 – paragraph 5
  3. 1345 Addition Axel VossEPP · ITRE–LIBE “By derogation from paragraph 4, 5 and 6, small controllers shall be subject to administrative fines of up to 50 000 EUR."” numbered 5a

    14a. Article 83 is amended by adding the following paragraph 5a

    5a.By derogation from paragraph 4, 5 and 6, small controllers shall be subject to administrative fines of up to 50 000 EUR."

    Justification

    RISK-BASED APPROACH #13: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.

    Tabled by
    Axel Voss
    Group
    EPP
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 a (new) / Regulation (EU) 2016/679 / Article 83 – paragraph 5a (new)
  4. 1346 Addition Pernando Barrena ArzaThe Left · ITRE–LIBE “non-compliance with Article 88b.”

    In Article 83 paragraph 5, the following point ea is added

    non-compliance with Article 88b.

    Justification

    The amendment ensures that Article 88b can be enforced in practice.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 a (new) / Regulation (EU) 2016/679 / Article 83 – paragraph 5 – point ea (new)
  5. 1349 Addition Pernando Barrena ArzaThe Left · ITRE–LIBE “Without prejudice to paragraphs 4, 5 or 6 or Member States law, supervisory authorities shall in any case confiscate all profits made from an…” numbered 9a

    14b. In Article 83, paragraph 9a is added:

    (9a)Without prejudice to paragraphs 4, 5 or 6 or Member States law, supervisory authorities shall in any case confiscate all profits made from an infringement of this Regulation by large controllers.

    Justification

    Certain industry sectors, such as social media companies, primary make their revenue from the unlawful processing of personal data. In such cases, where almost 100% of the profits are made from unlawful processing, the 4% fine under Article 83 is not sufficient as a deterrent, but amounts more to a tax for unlawful actions. As in many other laws, the requirement to confiscate unlawful profits shall be added to ensure fair competition and efficient enforcement.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 14 b (new) / Regulation (EU) 2016/679 / Article 83 – paragraph 9a (new)
  6. 1355 Addition Markéta Gregorová +1Greens/EFA · ITRE–LIBE “obligations related to automated and machine-readable signals of data subject’s choices with respect to processing of personal data in the terminal…”

    In Article 83, paragraph 5, the following point ea is added

    obligations related to automated and machine-readable signals of data subject’s choices with respect to processing of personal data in the terminal equipment pursuant to Article 88b;'

    Tabled by
    Markéta Gregorová, Damian Boeselager 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 e (new) / Regulation (EU) 2016/679 / Article 83 – paragraph 5 – point ea (new)