EPP

Wouter Beke

Amendment Analysis

2
Amendments total
100%
Reduce Privacy
-2
Score

2 worsen Data Privacy

0 are neutral for Data Privacy

0 improve Data Privacy

2

0 combine improved Data Privacy with simplification

2 decrease privacy and add complexity

2

0 push back against weakening the existing GDPR.

0 violate Charter of Fundamental Rights of the European Union

2 GDPR-relevant amendments by Wouter Beke

#441 Recital 44 – paragraph 3

Authored by

Text proposed by the Commission
With a view to reducing the compliance burden and providing legal clarity to controllers, and given that certain purposes of processing pose a low risk to the rights and freedoms of data subjects or that such processing may be necessary to provide a service requested by the data subject, it is necessary to define a limitative list of purposes for which the processing should be permitted without consent. As regards storing of personal data, or the gaining of access to personal data already stored, in a terminal equipment, and subsequent processing that is necessary for those purposes, this Regulation should therefore provide that the processing is lawful. The controller, such as a media service provider, may mandate a processor, such as a market research company, to carry out the processing on its behalf.
Amendment
With a view to reducing the compliance burden and providing legal clarity to controllers, and given that certain purposes of processing pose a low risk to the rights and freedoms of data subjects or that such processing may be necessary to provide a service requested by the data subject, it is necessary to define a limitative list of purposes for which the processing should be permitted without consent. As regards storing of personal data, or the gaining of access to personal data already stored, in a terminal equipment, and subsequent processing that is necessary for those purposes, this Regulation should therefore provide that the processing is lawful. The controller, such as an online service or a media service provider, may mandate a processor or joint controller, such as a market research company or Joint Industry Committee, to carry out the processing jointly or on its behalf, subject to strict safeguards ensuring that such processing is proportionate, compliant with the requirements of Article 24(1) of Regulation (EU) 2024/1083 and is not repurposed for advertising, profiling, or other unrelated purposes.
Justification
This amendment ensures consistency with Article 5.3(c) of Regulation (EU) 2016/679 by clarifying that audience measurement may be conducted by mandated joint controllers, including Joint Industry Committees and research companies. It aligns the recital with the EMFA framework, strengthening legal certainty, independent measurement and safeguards against profiling or advertising purposes.
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noyb's comment:

Relies on further exceptions to the current legal framework.

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#1395 Article 88a – paragraph 3 – point c (Article 3 – paragraph 1 – point 15)

Authored by

Regulation (EU) 2016/679
Article 88a – paragraph 3 – point c

Text proposed by the Commission
(c) creating aggregated information about the usage of an online service to measure the audience of such a service, where it is carried out by the controller of that online service solely for its own use;
Amendment
(c) measure the audience as defined in article 2(16) of Regulation 2024/1083, where it is carried out by the provider of that online service, or by a joint controller or processor mandated by the provider of that online service;
Justification
This amendment ensures legal clarity by aligning the text with the EMFA definition of audience measurement and allowing mandated joint controllers or processors to carry it out. This safeguards independent, comparable and verifiable measurement, while enabling the use of aggregated market statistics for transparency and fair competition.
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noyb's comment:

Limits the exception, but compared to current law still an additional exception.

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