Recital 40
Changes since10 June 2026ST 10426/26, Recital 40
Same wording as in the Council text of 10 June 2026. Every text of this provision
Text as printed
Same wording since 21 May · Changes since the Commission proposal
Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant to that Regulation are required to establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. In addition, the Regulation provides that supervisory authorities may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. In order to effectively contribute to the aim of convergence of the economies and to effectively ensure free flow of personal data between Member States, increase legal certainty, facilitate compliance by controllers and ensure a harmonised interpretation of the notion of a high risk to the rights and freedoms of data subjects, a single list of processing operations should be provided at EU level, to replace the existing national lists. In addition, the publication of a list of the type of processing operations for which no data protection impact assessment is required, which is currently optional, should be made mandatory. The lists of processing operations should be established and made public by the Board. In establishing the lists, due account should be taken of the nature, scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons . In order to facilitate compliance by controllers, the Board should also establish and make public a common template and a common methodology for conducting data protection impact assessments . In order to take account of technological developments, the lists and the common template and methodology should be reviewed at least every three years and updated where necessary. The Commission may adopt, by means of an implementing act, the common template as established by the Board, as well as its updates where necessary.