Article 2
Amendments as tabled
Two amendments, each tabled separately · ITRE–LIBE amendments 1565–1740 to the draft report
1596 +Addition Angelika Niebler +1EPP · ITRE–LIBE “by a natural person in the course of an activity carried out entirely on a voluntary basis, unless that activity involves a type of processing listed…”
The following point (da) is added to Article 2(2)
(da)by a natural person in the course of an activity carried out entirely on a voluntary basis, unless that activity involves a type of processing listed pursuant to Article 35(4) GDPR.'
- Tabled by
- Angelika Niebler, Monika Hohlmeier
- Group
- EPP
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Source
- Official text, page 37
- Printed header
- Article 3 – paragraph 1 – subparagraph 1 (new) / Regulation (EU) 2016/679 / Article 2 – paragraph 2 – point da (new)
1601 +Addition Andrea Wechsler +8EPP · ITRE–LIBE “by associations, foundations and other non-profit organisations established in the Union, where the processing is carried out solely in the course of…”
In Article 2, the following point e is added:
‘(e) by associations, foundations and other non-profit organisations established in the Union, where the processing is carried out solely in the course of their statutory non-commercial activities and is limited to the administration of members, former members, volunteers, donors or beneficiaries, provided that such processing does not involve systematic monitoring or processing likely to result in a high risk to the rights and freedoms of natural persons within the meaning of Article 35, and that the personal data are not disclosed to third parties for commercial purposes.’
Justification
Associations, foundations and other non-profit organisations generally process personal data within clear, direct and non-commercial relationships with their members, volunteers, donors or beneficiaries. Subjecting such limited and low-risk processing to the full scope of Regulation (EU) 2016/679 places a disproportionate administrative burden on civil-society and volunteer-based organisations, many of which lack dedicated compliance structures. This targeted exclusion complements the specific simplifications proposed for Articles 13, 14 and 30, while preserving the application of the Regulation to systematic monitoring, automated decision-making, high-risk processing and the commercial disclosure of personal data.
- Tabled by
- Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Lena Düpont, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen
- Group
- EPP
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Printed header
- Article 3 – paragraph 1 c (new) / Regulation (EU) 2016/679 / Article 2 – paragraph 2 – point e (new)