Article 88bis – Processing in the context of the development and operation of AI
Changes since2 October 2026ST 13886/26, Art 88bis
Same wording as in the Council text of 2 October 2026. Every text of this provision
Text as printed
New provision · Same wording since 2 October · Changes since the Commission proposal
Article 88bis In every text (Article 88bis)
Its wording is printed below, under Article 88bis(1), (2) and (3).
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.
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.
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.