Texts to 22 Oct 2026

Article 88bis – Processing in the context of the development and operation of AI

Source
ST 12535/26, page 124 Omnibus Article 3, point 15 · pp. 124–127

Changes since18 June 2026ST 10677/26

New in this text. Every text of this provision

Text as printed

New provision · Changes since 18 June · Changes since the Commission proposal

(1)

The processing of personal data in the context of the development and operation of an AI system or of an AI model may be carried out for a legitimate interest of the controller or a third party in accordance with Article 6(1)(f) of this Regulation.

(2)

Paragraph 1 does not affect the obligation of the controller to choose an appropriate lawful ground of processing set out in Article 6 of this Regulation.

(3)

Regardless of the lawful ground of processing pursuant to Article 6, processing in the context of the development and operation of AI shall be subject to appropriate technical and organisational measures and safeguards to protect the rights and freedoms of the data subject in accordance with this Regulation.