Article 88bis – Processing in the context of the development and operation of AI
Changes since3 September 2026ST 12535/26, Art 88bis
Changes paragraph 3. Every text of this provision
Text as printed
New provision · Changes since 3 September · Changes since the Commission proposal
Article 88bis In every text (Article 88bis)
Its wording is printed below, under Article 88bis(1), (2) and (3).
ST 13886/26, pages 132–133
Article 88bis(1) In every text (Article 88bis(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.
ST 13886/26, page 132
Article 88bis(2) In every text (Article 88bis(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.
ST 13886/26, page 132
Article 88bis(3) In every text (Article 88bis(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, including the right to object under Article 21.
ST 13886/26, pages 132–133