Commission Decision (EU) 2025/628 of 31 March 2025 laying down internal rules concerning the provision of information to data subjects and the restrictions of certain data-subjects’ rights in relation to the processing of personal data by the Commission for the purpose of the supervision, investigation, enforcement and monitoring under Regulation (EU) 2022/2065

• CELEX: Decision (EU) 2025/628
• Articles: 11

Article 1 Subject-matter

1.   This Decision lays down the rules to be followed by the Commission to inform data subjects of the processing of their personal data in accordance with Articles 14, 15 and 16 of Regulation (EU) 2018/1725 when carrying out its supervision, investigation, enforcement and monitoring tasks under Regulation (EU) 2022/2065.

2.   This Decision also lays down the conditions under which the Commission may restrict the application of Articles 4, 14 to 20 and 35 of Regulation (EU) 2018/1725, in accordance with Article 25(1), points (b), (c), (g) and (h) thereof.

Article 2 Scope

1.   This Decision applies to the processing of personal data by the Commission of the following categories of data subjects:

(a)

suspects

(b)

victims;

(c)

whistleblowers;

(d)

informants;

(e)

witnesses

(f)

staff of an undertaking;

(g)

natural persons whose personal data is contained in the documents or other media collected as part of supervision, investigation, enforcement and monitoring pursuant to Regulation (EU) 2022/2065.

2.   This Decision applies to the processing of personal data of the following categories of personal data:

(a)

identification data;

(b)

contact details;

(c)

case involvement data,

(d)

case-related data;

(e)

any other information deemed necessary to fulfil the requirements under Regulation (EU) 2022/2065, including the personal data referred to in Article 10(1) and Article 11 of Regulation (EU) 2018/1725.

Article 3 Restrictions

1.   Subject to Articles 3 to 8 of this Decision, the Commission may restrict the application of Articles 14 to 20 and 35 of Regulation (EU) 2018/1725, as well as the principle of transparency laid down in Article 4(1), point (a), of that Regulation, insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 20 of Regulation (EU) 2018/1725 where:

(a)

the exercise of those rights would jeopardise the purpose of the Commission’s supervisory, investigative, enforcement, and monitoring activities under Regulation (EU) 2022/2065, in line with Article 25(1), points (c) and (g) of Regulation (EU) 2018/1725;

(b)

the exercise of those rights and obligations would adversely affect the protection of the data subject or the rights and freedoms of others in line with Article 25(1), point (h), of Regulation (EU) 2018/1725;

(c)

the exercise of those rights and obligations could jeopardise the Commission’s cooperation with Member States with the purpose of ensuring the effective application of Regulation (EU) 2022/2065, in line with Article 25(1), points (b), and (g), of Regulation (EU) 2018/1725.

2.   Before applying restrictions in the circumstances referred to in paragraph 1, point (c), the Commission shall consult the relevant Member States on potential grounds for imposing restrictions and the necessity and proportionality of those restrictions, unless this would jeopardise the activities of the Commission.

3.   Paragraphs 1, and 2 of this Article are without prejudice to the application of other Commission decisions laying down internal rules concerning the provision of information to data subjects and the restriction of certain rights under Article 25 of Regulation (EU) 2018/1725.

4.   Before restrictions referred to in paragraph 1 are applied, the Commission shall carry out and document a case-by-case assessment of their necessity and proportionality. Those restrictions shall be limited to what is strictly necessary to achieve their objective.

Article 4 Provision of information to data subjects

1.   The Commission shall publish, on its website, a data protection notice that informs all data subjects of its activities involving the processing of their personal data for the purpose of its supervision, investigation, enforcement and monitoring tasks under Regulation (EU) 2022/2065. The data protection notice shall provide information on the potential restriction to data subjects’ rights pursuant to Article 3. The information shall cover which rights may be restricted, the grounds on which restrictions may be applied and their potential duration.

2.   The Commission shall individually inform, by appropriate means, whistleblowers, informants, witnesses and, where relevant for the case, individual staff of the undertaking, about the processing of their personal data.

3.   Where the Commission restricts in accordance with Article 3, wholly or partly, the provision of information referred to in paragraph 1, it shall record and register the reasons for the restriction in accordance with Article 7 of this Decision. Additionally, the Commission shall inform data subjects of their right to lodge a complaint with the European Data Protection Supervisor.

Article 5 Right of access by data subject, right to rectification, right of erasure and right to restriction of processing

1.   Where the Commission restricts, wholly or partly, the right of access to data by data subjects, the right to rectification, the right of erasure, or the right to restriction of processing as referred to in Articles 17 to 20, respectively, of Regulation (EU) 2018/1725, it shall inform the data subject concerned, in its reply to the request for access, rectification, erasure or restriction of processing of the following aspects:

(a)

the restriction applied and of the principal reasons thereof;

(b)

the possibility of lodging a complaint with the European Data Protection Supervisor.

2.   The Commission may defer, omit or deny the provision of information concerning the reasons for a restriction and the right to lodge a complaint with the European Data Protection Supervisor for as long as it would cancel the effect of the restriction. The Commission shall assess whether this is justified on a case-by-case basis. As soon as it no longer cancels the effect of the restriction, the Commission shall provide the information to the data subject.

Article 6 Communication of personal data breaches to data subjects

1.   Where the Commission is under an obligation to communicate a personal data breach pursuant to Article 35(1) of Regulation (EU) 2018/1725, it may, in exceptional circumstances, restrict such communication wholly or partly. It shall record and register the reasons for the restriction, the legal ground for it under Article 3, and an assessment of its necessity and proportionality. The record shall be communicated to the European Data Protection Supervisor at the time of the notification of the personal data breach.

2.   Where the reasons for the restriction no longer apply, the Commission shall communicate the personal data breach to the data subject concerned and inform him or her of the principal reasons for the restriction and of his or her right to lodge a complaint with the European Data Protection Supervisor.

3.   Where the Commission notifies the personal data breach to the European Data Protection Supervisor pursuant to Article 34(1) of Regulation (EU) 2018/1725, it shall include the record it made pursuant to Article 7 of this Decision.

Article 7 Recording and registering of restrictions

1.   The Commission shall record the reasons for any restriction applied pursuant to this Decision, the legal ground for it, an assessment of the risks to the rights and freedoms of data subjects of imposing a restriction, and an assessment of the necessity and proportionality of the restriction taking into account the relevant elements in Article 25(2) of Regulation (EU) 2018/1725.

2.   The record shall state how the exercise of the right by the relevant data subject undermines one or more of the applicable grounds set out in Article 25(1), points (b), (c), (g) and (h), of Regulation (EU) 2018/1725.

3.   The record and, where applicable, the documents containing the underlying factual and legal elements shall be registered. They shall be made available to the European Data Protection Supervisor on request.

4.   The Commission shall prepare periodic reports on the application of restrictions in line with Article 25 of the Regulation (EU) 2018/1725 under this Decision.

Article 8 Duration of restrictions

1.   The restrictions referred to in Articles 4, 5 and 6 shall continue to apply for as long as the reasons justifying them remain applicable and lifted as soon as those reasons no longer apply.

2.   Where the reasons for a restriction no longer apply, the Commission shall lift the restriction.

3.   It shall also provide the reasons for applying that restriction to the data subject and inform them of the possibility of lodging a complaint with the European Data Protection Supervisor at any time or of seeking a judicial remedy in the Court of Justice of the European Union.

4.   The Commission shall review the application of the restrictions referred to in Articles 4, 5 and 6 every six months and at the closure of the file. The review shall include an assessment of the necessity and proportionality of the restriction taking into account the relevant elements listed in Article 25(2) of Regulation (EU) 2018/1725.

Article 9 Safeguards and retention

1.   The Commission shall implement safeguards to prevent abuse and unlawful access to or transfer of personal data in respect of which restrictions or exceptions apply or could be applied. Such safeguards shall include technical and organisational measures such as:

(a)

a clear definition of roles, responsibilities, procedural steps and access rights;

(b)

a secure electronic environment which prevents unlawful or accidental access to or transfer of electronic data to unauthorised persons;

(c)

a secure storage and processing of paper documents limited to what is strictly necessary to achieve the purpose of processing;

(d)

due monitoring of restrictions and a periodic review of their application. The reviews shall be conducted at least every six months and at the closure of the file.

2.   The personal data shall be retained in accordance with the applicable Commission retention rules to be defined in the records of processing kept under Article 31 of Regulation (EU) 2018/1725. At the end of the retention period, the personal data shall be deleted, anonymised or transferred to the archives in accordance with Article 13 of Regulation (EU) 2018/1725.

Article 10 Involvement of the Data Protection Coordinator and the Data Protection Officer of the Commission

1.   The Data Protection Coordinator of the Directorate-General for Communications Networks, Content and Technology shall be consulted before any restrictions are applied and shall verify their compliance with this Decision.

2.   The Data Protection Officer of the Commission shall be informed, without undue delay, whenever a data subject’s rights are restricted in accordance with this Decision. Upon request, the Data Protection Officer of the Commission shall be given access to the record and any documents containing the underlying factual and legal elements.

3.   The Data Protection Officer may request a review of the application of a restriction and shall be informed in writing of the outcome of such review.

4.   The Commission shall document the involvement of the Data Protection Officer of the Commission and the Data Protection Coordinator, including what information is shared with them, in each case where the rights and obligations referred to in Article 3(1) are restricted.

Article 11 Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .