Resources

Go back

Advisory Bulletin on Clarifying the Definition of Personal Data – August 2026

In August, 2026, as part of a series of Advisory Bulletins circulated to the Member States and the Presidency, Privacy Next recommended to the Council that the discussions on the Digital Omnibus should reconsider the Commission’s original proposal to amend Article 4, suggesting that it was the more constructive way forward, ensured greater legal certainty and aligned the definition of personal data with legal precedents, using existing personal data boundaries.

Privacy Next concluded by saying that data controllers needed clarity on the most basic GDPR question – does this processing involve personal data? It suggested that introducing a new Article 29a did not answer this question as it added unnecessary complexity, without supporting compliance or protecting fundamental rights. Privacy Next also suggested that discussions on the Article 4 proposals should be reopened to ensure the EU could effectively achieve its agreed data governance objective in an increasingly globalised digital landscape, adding that it believed this approach was not just preferable, but imperative.