Article 41a

10. The following article is added: ‘Article 41a (1) The Commission may adopt implementing acts to specify means and criteria to determine whether data resulting from pseudonymisation no longer constitutes personal data for certain entities. (2) For the purpose of paragraph 1 the Commission shall: (a) assess the state of the art of available techniques; (b) develop criteria and or categories for controllers and recipients to assess the risk of re-identification in relation to typical recipients of data. (3) The implementation of the means and criteria outlined in an implementing act may be used as an element to demonstrate that data cannot lead to reidentification of the data subjects. (4) The Commission shall closely involve the EDPB in the preparations of the implementing acts. The EPDB shall issue an opinion on the draft implementing acts within a deadline of 8 weeks as of the receipt of the draft from the Commission. (5) The Implementing Acts shall be adopted in accordance with the examination procedure referred to in Article 93(3).’

Justification

This is the competence of DPAs, not the Commission. Therefore it is not creating simplification, but rather bypassing MS authorities. The EDPB already adopted Guidelines 01/2025 on pseudonymisation. Imp: EDPB flags already that pseudonymisation is a risk-mitigation measure.