Text · Comparison of two versions

Changes from plenary report to adopted text

A-9-2024-0045 → TA-9-2024-0187

From: A-9-2024-0045 Plenary report of 20 Feb 2024
To: TA-9-2024-0187 Adopted text of 10 Apr 2024
Changes: 10 changes to the text
Paragraphs: +4 added · −28 removed · 13 changed

More facts (3)

Dossier: 2023/0202(COD)
Title (from): on the proposal for a regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679
Title (to): Laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679

Dossier: 2023/0202(COD)
Title (from): on the proposal for a regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679
Title (to): Laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679

What changed, in short Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 2a on applicable procedural law, specifying that national law governs direct interactions with a supervisory authority and that complainants may communicate only with the authority they lodged the complaint with.6 The other changes are formal or wording: modal verbs adjusted, a typo fixed, and regulation citations standardized to "(EU)".1 2 3 4

The notes class 1 change as substance, 5 as formal, 4 as wording only.

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Changes that matter, 10

Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.

Change 1

ChangedRecital 2 b (new): (2b) The procedural law of each Member State should apply to the supervisory authorities insofar as this Regulation does not harmonise a matter. Some procedural elements, such as the horizontal burden of proof of the controller in Article 5(2) of Regulation (EU) 2016/679, are already governed by Union law. In line with the primacy of Union law, supervisory authorities should not apply national procedural law where it is in conflict with this Regulation and Regulation (EU) 2016/679. Cooperation among supervisory authorities should not be limited because of differences in national procedural law. Supervisory authorities ~~shall~~should make use of all options under applicable national law to allow parties in another Member State to participate in procedures. This may include remote video participation, interpreters or generally available means of communication.

Note on change 1 · wording only Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Replaces "shall" with "should" in Recital 2b, changing the modal verb but not the substance.

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Change 2

ChangedRecital 5 c (new): (5c) It should be possible to apply, in accordance with national procedural law applicable to the supervisory authority that the party directly interacts with, strictly necessary and proportionate limitations in relation to the disclosure or the further use of legally protected information, such as personal data or trade secrets protected under Directive (EU) 2016/9431a. This could include the internal deliberations and decision-making of the authority. The least intrusive measures, such as limitation of the use of information or blackening of information should be applied. Parties should always be informed that information was withheld from them, and why. / 1a Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. ~~1, ELI: https://eur-lex.europa.eu/eli/dir/2016/943/oj).~~1.)

Note on change 2 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Updates the footnote reference to Directive (EU) 2016/943, shortening the URL and changing the page number format.

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Change 3

ChangedRecital 8: (8) The competent supervisory authority should provide the parties with remote access to the joint case file, but may restrict this right of access under certain circumstances. Such access should allow the use of an effective judicial remedy in line with Article 47 of the EU Charter.

Note on change 3 · wording only Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Drops "EU" before "Charter" in Recital 8, a minor terminology change.

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Change 4

ChangedRecital 21: (21) In order to effectively safeguard the right to good administration and the rights of defence as enshrined in the Charter including the right of every person to be heard before any individual measure which would affect him or her adversely is taken, it is important to provide for clear rules on the exercise of this right for all parties involved in a case. Every party ~~shall~~should have the right to decline the right to be heard.

Note on change 4 · wording only Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Replaces "shall" with "should" in Recital 21, changing the modal verb but not the substance.

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Change 5

ChangedRecital 22: (22) The rules regarding the administrative procedure applied by supervisory authorities when enforcing Regulation (EU) 2016/679 should ensure that the parties effectively have the ~~the~~ right to be heard and opportunity to make known their views on the truth and relevance of the facts, objections and circumstances put forward by the supervisory authority throughout the procedure, thereby enabling them to exercise their rights of defence. The preliminary findings set out the preliminary position on the alleged infringement of Regulation (EU) 2016/679 following investigation. They thus constitute an essential procedural safeguard which ensures that the right to be heard is observed. The parties should be provided with all the necessary documents required to effectively comment on matters relevant to the investigation, by receiving access to the administrative joint case file.

Note on change 5 · wording only Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Removes a duplicated "the" in Recital 22, correcting a typo.

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Change 6

ChangedArticle 2 a (new): Article 2a / Applicable Procedural Law / 1. In addition to this Regulation, and provided that it is not in conflict with this Regulation, the procedural law applicable before a supervisory authority shall govern all direct interactions between that supervisory authority and the parties before it. This Regulation shall not preclude Member States from specifying procedural matters not regulated by this Regulation or Regulation (EU) 2016/679. / 2. This Regulation and Regulation (EU) 2016/679 ~~and~~ govern the interaction between supervisory authorities of different Member States that falls within the scope of this Regulation. / 3. A complainant shall have the right to communicate exclusively with the supervisory authority with which the complaint has been lodged pursuant to Article 77 of Regulation (EU) 2016/679.

Note on change 6 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 2a specifying that national procedural law applies to direct interactions with a supervisory authority, and clarifies that complainants may communicate only with the authority they lodged the complaint with.

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Change 7

ChangedArticle 16 – paragraph 1: After submitting the draft decision to supervisory authorities concerned pursuant to Article 60(3) of Regulation (EU) 2016/679 and where none of the supervisory authorities concerned has objected to the draft decision within the periods referred to in Article 60(4) and (5) of Regulation (EU) 2016/679, the lead supervisory authority shall, within four weeks from the end of the periods referred to in Article 60(4) and (5) of Regulation (EU) 2016/679, adopt and notify its decision under Article 60(7) and Article 60(9) of Regulation (EU) 2016/679 to the main establishment or single establishment of the controller or processor, as the case may be, and inform the supervisory authorities concerned and the Board of the decision in question, including a summary of the relevant facts and grounds.

Note on change 7 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds "(EU)" to the regulation number in Article 16, a citation formatting correction.

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Change 8

ChangedArticle 27 – paragraph 1 – point a: (a) a summary of the relevant facts, including evidence of an infringement of Regulation EU(EU) 2016/679;

Note on change 8 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Changes "EU" to "(EU)" in Article 27, a citation formatting correction.

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Change 9

ChangedArticle 28 – paragraph 1 – point a: (a) a summary of the relevant facts, including evidence of an infringement of Regulation EU(EU) 2016/679;

Note on change 9 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Changes "EU" to "(EU)" in Article 28, a citation formatting correction.

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Change 10

ChangedAnnex I – Part A – point 1: (deleted) / Where the complaint is submitted by a body, organisation or association referred to in Article 80 of Regulation (EU) 2016/679, submit proof that the body, organisation or association has been properly constituted in accordance with the law of a Member State. / Where the complaint is submitted on the basis of Article 80(1) of Regulation (EU) 2016/679, proof that the body, organisation or association lodging the complaint is acting on the basis of the mandate of a data subject. / (deleted) / (deleted)

Note on change 10 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds "(EU)" to the regulation number in Annex I, a citation formatting correction.

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Sources & citation

Where the facts on this page come from, and how to cite it.

Permalink: https://news.eu-parl.st-solutions.dev/texts/A-9-2024-0045/compare/TA-9-2024-0187
Data source: European Parliament Open Data
Licensed CC BY 4.0.
Retrieved: 30 September 2026

Cite as

European Parliament (2024). “Changes between A-9-2024-0045 and TA-9-2024-0187”. Text, 10 April 2024. from A-9-2024-0045, to TA-9-2024-0187, reference 2023/0202(COD). EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/A-9-2024-0045/compare/TA-9-2024-0187 (retrieved 30 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).

BibTeX

@misc{epw-text-2024-04-10,
  author = {{European Parliament}},
  title = {{Changes between A-9-2024-0045 and TA-9-2024-0187}},
  year = {2024},
  date = {2024-04-10},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/A-9-2024-0045/compare/TA-9-2024-0187}},
  url = {https://news.eu-parl.st-solutions.dev/texts/A-9-2024-0045/compare/TA-9-2024-0187},
  urldate = {2026-09-30},
  publisher = {EU Parl Watch Research},
  note = {Text. from A-9-2024-0045, to TA-9-2024-0187, reference 2023/0202(COD). Data: European Parliament Open Data (CC BY 4.0)}
}