Commission Decision (EU) 2026/1446

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC^note, and in particular Article 25 thereof,Whereas:

(1)The Commission conducts investigations for the purpose of enforcing the rules laid down in Regulation (EU) 2022/1925 of the European Parliament and of the Council^note with respect to undertakings or associations of undertakings. To that end, the Commission exercises the powers of investigation, enforcement and monitoring conferred on it by that Regulation.

(2)The tasks of the Commission under Regulation (EU) 2022/1925 are carried out by the Directorate-General responsible for Competition and the Directorate-General responsible for Communications Networks, Content and Technology of the Commission.

(3)In the context of the investigation, enforcement, and monitoring tasks pursuant to Regulation (EU) 2022/1925, the Commission processes information. That information may include personal data of natural persons, such as legal representatives and staff members of gatekeepers and of interested third parties, witnesses, whistleblowers, as well as natural persons whose personal data is contained in documents obtained in connection with the investigation, enforcement and monitoring tasks pursuant to Regulation (EU) 2022/1925.

(4)Personal data processing, within the meaning of Article 3(3) of Regulation (EU) 2018/1725, carried out in the course of investigation and enforcement activities under Regulation (EU) 2022/1925, might take place even before the Commission formally opens proceedings pursuant to Article 20 of Regulation (EU) 2022/1925, might continue throughout the conduct of the investigation and might continue even after the formal closure of the investigation, for example, for compliance monitoring or screening activities, assessing the need for initiating new investigative activities or legal proceedings.

(5)For the purpose of the investigation, enforcement and monitoring under Regulation (EU) 2022/1925, the Commission as data controller processes several categories of personal data, such as identification data, contact details, case involvement data (such as the position and function of the natural person in the undertaking concerned), case-related data (such as personal data contained in documents, statements, opinions and records) and any other information deemed necessary for that purpose (including personal data of end users and business users of core platform services). Although unlikely, the categories of personal data processed might also include special categories of personal data as referred to in Article 10(1) of Regulation (EU) 2018/1725.

(6)While carrying out its tasks under Regulation (EU) 2022/1925, the Commission is bound to respect the rights of natural persons in relation to the processing of personal data recognised by Article 8(1) of the Charter of Fundamental Rights of the European Union and by Article 16(1) of the Treaty on the Functioning of the European Union, as well as the requirements of Regulation (EU) 2018/1725. At the same time, the Commission, in the context of its activities under Regulation (EU) 2022/1925, is required to comply with strict rules of confidentiality and professional secrecy referred to in Article 36 of that Regulation and in Article 339 of the Treaty on the Functioning of the European Union.

(7)In certain circumstances, it is necessary to reconcile the rights of data subjects pursuant to Regulation (EU) 2018/1725 with the effective exercise of the Commission’s tasks of investigation, enforcement and monitoring pursuant to Regulation (EU) 2022/1925, including in cooperation with competent authorities of the Member States, or the fundamental rights and freedoms of other data subjects. To that effect, Article 25(1) of Regulation (EU) 2018/1725 provides the Commission with the possibility to restrict, under strict conditions, the application of Articles 14 to 22, 35 and 36 of Regulation (EU) 2018/1725, as well as its Article 4, insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 22 of Regulation (EU) 2018/1725.

(8)In certain circumstances, it is necessary to reconcile the rights of data subjects with the need to safeguard the investigation, enforcement and monitoring conducted by the Commission under Regulation (EU) 2022/1925 in the exercise of its official authority in the public interest of the Union pursuant to Article 25(1), point (g), in conjunction with point (c), of Regulation (EU) 2018/1725. The Commission might apply restrictions, where for instance, exercising those rights would jeopardise an ongoing investigation, for instance where there is a risk of evidence being destroyed or of interfering with key actors (for example, witnesses) during an investigation.

(9)In certain circumstances, it is necessary to balance the rights of data subjects against the fundamental rights and freedoms of other persons concerned in the context of the Commission’s tasks of investigation, enforcement and monitoring pursuant to Regulation (EU) 2022/1925, such as interested third parties and witnesses. In such a case, the Commission might decide to restrict access to the identity, statements and other personal data of such persons when the personal data at stake is also related to another person in order to protect their rights and freedoms pursuant to Article 25(1), point (h), of Regulation (EU) 2018/1725. The Commission might decide to do so, in particular to protect those persons against possible retaliation.

(10)In particular, it is necessary to protect the confidential information concerning a whistleblower or any other natural person who has reported to the Commission in the context of its investigation, enforcement and monitoring tasks pursuant to Regulation (EU) 2022/1925. In such cases, the Commission may need to restrict access to the identity, statements and other personal data of such persons, in order to protect the rights and freedoms of all concerned pursuant to Article 25(1), point (h), of Regulation (EU) 2018/1725. Only if the reporting person so authorises, the Commission may reveal their identity. If required by law or a judicial authority, the Commission is to reveal their identity.

(11)In cases where data subjects submit a request to access their personal data, they should be given access to such personal data including that provided by a reporting person. In order to protect their confidentiality, the Commission should not provide the data subject with the name of the reporting person as well as any other information that would allow their direct or indirect identification.

(12)In addition, in order to carry out its tasks to ensure the effective application of Regulation (EU) 2022/1925, in particular in the context of cooperation between the Commission and competent authorities in the Member States, the Commission might restrict the application of data subjects’ rights to safeguard the exercise of its official authority in the public interest, as referred to in Article 25(1), point (g), in conjunction with point (c), of Regulation (EU) 2018/1725. The Commission might do so in a situation where the purpose of a restriction imposed by a Member State authority would be jeopardised were the Commission not to apply an equivalent restriction in respect of the same personal data. In the application of such a restriction, the Commission should consult the Member State concerned on the relevant potential grounds for imposing restrictions and the necessity and proportionality of those restrictions, unless that would jeopardise the activities of the Commission.

(13)The Commission should apply restrictions only when they respect the essence of fundamental rights and freedoms, are strictly necessary and are a proportionate measure in a democratic society. The Commission should provide a justification for the applicable restrictions.

(14)Article 25(6) of Regulation (EU) 2018/1725 requires the controller to inform data subjects of the principal reasons on which the application of the restriction is based and of their right to submit a complaint to the European Data Protection Supervisor.

(15)Pursuant to Article 25(8) of Regulation (EU) 2018/1725, the Commission may defer, omit, or deny the provision of information relating to the principal reasons for the application of a restriction to the data subject if providing that information would in any way cancel the effect of the restriction. The Commission should assess on a case-by-case basis whether the communication of the restriction would cancel its effect.

(16)The Commission should lift the restriction as soon as the conditions that justify the restriction no longer apply and assess those conditions on a regular basis.

(17)In order to comply with Articles 14, 15 and 16 of Regulation (EU) 2018/1725, the Commission should inform all data subjects of its activities involving the processing of their personal data and of their rights, in a transparent and coherent manner, by means of a data protection notice published on the Commission’s website. The Commission should individually inform, by appropriate means, legal representatives and staff members of gatekeepers, legal representatives and staff members of interested third parties, witnesses and whistleblowers about the processing of their personal data.

(18)Article 16(5) of Regulation (EU) 2018/1725 provides for exceptions to data subjects’ right to information where personal data is not obtained from the data subjects. If those exceptions apply, the Commission does not need to apply a restriction to the right to information under this Decision. Exceptions under Article 16(5), point (b), of Regulation (EU) 2018/1725 are to be applicable where the provision of information referred to in Article 16(1) to (4) of that Regulation would prove impossible, would involve a disproportionate effort or would be likely to render impossible or seriously impair the achievement of the objectives of that processing. In cases of data subjects not relevant to the investigation, whose personal data is contained in documents collected as part of the investigation, enforcement and monitoring pursuant to Regulation (EU) 2022/1925, other than those data subjects individually informed, the provision of such information could prove impossible or could involve a disproportionate effort. This might be the case where the Commission obtains personal data in the context of a whistleblower report or during its monitoring actions to ensure the effective implementation of and compliance with Regulation (EU) 2022/1925.

(19)In accordance with the principles of transparency, fairness and accountability, the Commission should apply all exceptions and restrictions in a transparent manner and keep a record of its application of those exceptions and restrictions.

(20)In order to guarantee the protection of the rights and freedoms of data subjects and in accordance with Article 44(1) of Regulation (EU) 2018/1725, the Commission should involve the Data Protection Coordinators of the Directorate-General responsible for Competition and of the Directorate-General responsible for Communications Networks, Content and Technology throughout the process of applying restrictions and document that consultation. In particular, the Data Protection Coordinators should be consulted in due time on any restrictions that may be applied and verify their compliance with this Decision.

(21)The Data Protection Officer of the Commission should carry out an independent review of the application of restrictions, with a view to ensuring compliance with this Decision.

(22)The European Data Protection Supervisor has been consulted in accordance with Article 41(2) of Regulation (EU) 2018/1725 and delivered his opinion on 26 March 2026,

HAS ADOPTED THIS DECISION: