Digital Omnibus proposal
In its Communication on a simpler and faster Europe24 , the Commission announced its commitment to an ambitious programme to promote forward-looking, innovative policies that strengthen the Union’s competitiveness and radically lighten the regulatory load for people, businesses a…
5 Commission/Council texts · 3 Parliament alternatives
Digital Omnibus proposal
Union digital legislation sets high standard in the Union and can be a powerful source of competitive advantage for businesses that abide by the rules, showing a world- 21 OJ C […], […], p. […]. 22 OJ C […], […], p. […]. 23 OJ C […], […], p. […]. 24 Communication from the Commiss…
5 Commission/Council texts · 4 Parliament alternatives
Digital Omnibus proposal
Union digital legislation has evolved incrementally over the past years, in response to the rapidly growing footprint of digital technologies in the Union’s economy and societal dynamic, and in view of addressing emerging challenges and promoting business opportunities in the EU.…
5 Commission/Council texts · 16 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Given the foundational role of data in driving value-creation in the digital economy, and pursuant to the objectives of the Communication for a European Data Union Strategy, the amendments presented in this Regulation to the legislative framework regarding data seek to build a co…
4 Commission/Council texts · 6 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
Acknowledging the iterative evolution of horizontal and sector-specific rules, it is indispensable to address also overlaps in specific provisions that result in unnecessary duplications of administrative burdens. This is the case in requirements across several rules for reportin…
4 Commission/Council texts · 6 Parliament alternatives
Digital Omnibus proposal
Similarly, with the iterative regulation of online platforms over the past years, more recent rules have established a clearer and more ambitious framework than some of the 25 REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protectio…
4 Commission/Council texts · 11 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Regulation (EU) 2022/868 of the European Parliament and of the Council27 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data interm…
4 Commission/Council texts · 4 Parliament alternatives
Digital Omnibus proposal
While the importance of data intermediation services is recognised in the context of many initiatives supporting data sharing and collaboration, the rules of Regulation (EU) 2022/868 on data intermediation service providers should be clarified. In particular, the definition of su…
4 Commission/Council texts · 12 Parliament alternatives
Digital Omnibus proposal
Regulation (EU) 2023/2854 removes barriers to data access and use, unlocks data-driven innovation and competitiveness, and safeguards the incentives of those who invest in data technologies.
4 Commission/Council texts · 7 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintai…
4 Commission/Council texts · 9 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious e…
4 Commission/Council texts · 15 Parliament alternatives
Digital Omnibus proposal
The activation of the refusal mechanism should remain voluntary, and the demonstration done only upon its activation. Data holders should not be required to conduct a full-scale analysis or demonstration of the level of trade secret protection in third countries or by a third cou…
4 Commission/Council texts · 9 Parliament alternatives
Digital Omnibus proposal
An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons…
4 Commission/Council texts · 10 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 3 Parliament alternatives
Digital Omnibus proposal
Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified…
4 Commission/Council texts · 13 Parliament alternatives
Digital Omnibus proposal
To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘publ…
4 Commission/Council texts · 9 Parliament alternatives
Digital Omnibus proposal
In order to mitigate legal uncertainties that could discourage innovative business models, it is necessary to address the substantial compliance ambiguities and burdens associated with the provisions on smart contracts executing data sharing agreements under Article 36 of Regulat…
4 Commission/Council texts · 5 Parliament alternatives
Digital Omnibus proposal
Certain data processing services, which do not fall within the Infrastructure as a Service (IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The provision of such data processing services is based on time-intensive pre-contractual and contractual neg…
4 Commission/Council texts · 7 Parliament alternatives
Digital Omnibus proposal
For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions …
4 Commission/Council texts · 10 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Regulation (EU) 2018/1807 of the European Parliament and of the Council32 introduced a key principle for supporting the data-driven economy within the Union, underpinning in concrete terms the freedom of establishment and freedom to provide a service. ‘Free flow of data’ in the U…
4 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
The concept of ‘public security’, within the meaning of Article 52 TFEU and as interpreted by the Court of Justice, covers both the internal and external security of a Member State, as well as issues of public safety, in order, in particular, to facilitate the investigation, dete…
4 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Both Directive (EU) 2019/1024 and Chapter II of Regulation (EU) 2022/868 regulate the re-use of public sector information for innovation purposes. The interplay of the two sets of rules has created legal uncertainty, mainly for public sector bodies. An alignment of the rules in o…
4 Commission/Council texts · 6 Parliament alternatives
Digital Omnibus proposal
Since both Directive (EU) 2019/1024 and Regulation (EU) 2022/868 share the goal of enhancing the re-use of public sector information, and inn order to simplify rules from the perspective of both public sector bodies and of re-users of public sector information, it is rational to …
4 Commission/Council texts · 4 Parliament alternatives
Digital Omnibus proposal
It should be recalled that the intellectual property rights of third parties are not affected by Chapter VIIc. The term ‘intellectual property rights’ refers to copyright and related rights, including sui generis forms of protection, and to industrial property rights, such as pat…
1 Commission/Council text
Digital Omnibus proposal
Data and documents, which can be made publicly available for reuse, and data and documents, which are protected on the grounds of commercial confidentiality, including business, professional and company secrets, statistical confidentiality, the protection of intellectual property…
4 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
The existing rules should be streamlined to enhance clarity and consistency. Nevertheless, the two reuse regimes should remain distinct and their respective scope of application should continue to depend on the characteristics of the data or documents and the context of their reu…
4 Commission/Council texts · 8 Parliament alternatives
Digital Omnibus proposal
The consolidation of the rules should in particular maintain the principle that the rules under Section 3 of Chapter VIIc should not create an obligation to allow the reuse of certain categories of protected data held by public sector bodies. In particular, Member States should t…
3 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
Member States should establish a single information point as an interface for re-users seeking to re-use specific categories of data held by public sector bodies. The single information point should have a cross-sector remit, complement sectoral arrangements where necessary, and …
2 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC33 and enterprises from sectors with less-developed digital capabilities struggle to re-use data and documents. At the same t…
4 Commission/Council texts · 12 Parliament alternatives
Digital Omnibus proposal
In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant pos…
4 Commission/Council texts · 8 Parliament alternatives
Digital Omnibus proposal
While Member State are required to designate one or more competent authorities to be responsible for the application and enforcement of Regulation (EU) 2023/2854 (competent authorities), uncertainty persists about the role of supervisory authorities responsible for monitoring and…
3 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
The European Data Innovation Board’s character as a consultative body as regards the implementation and the enforcement of the Data Act should be maintained. However, its structure should be simplified and should allow for more strategic discussions. Notwithstanding these changes…
3 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
The special provision of the Data Act on the right to lodge a complaint and the right to an effective judicial remedy should not apply to Chapters VIIb and VIIc. It is clarified that this is without prejudice to any rights or obligations stemming from the Charter of Fundamental R…
3 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
This Regulation proposes a series of targeted amendments to Regulation (EU) 2016/679 for clarification and simplification, whilst preserving the same level of data protection. Article 4 of Regulation (EU) 2016/679 provides that personal data is any information relating to an iden…
5 Commission/Council texts · 16 Parliament alternatives
Digital Omnibus proposal
Pseudonymisation is one of the possible security measures within the meaning of Article 32 of Regulation (EU) 2016/679 and does not necessarily have to be applied in all cases. Its legal effect should depend upon its actual effectiveness in preventing identification of a natural …
1 Commission/Council text · 4 Parliament alternatives
Digital Omnibus proposal
In order to determine whether a natural person is identifiable, account should be taken of all the means reasonably likely to be used to identify the natural person directly or indirectly. The identification of a natural person should be assessed by the controller or the processo…
4 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
Pseudonymisation is one of the possible security measures within the meaning of Article 32 of Regulation (EU) 2016/679 and does not necessarily have to be applied in all cases. Whether pseudonymisation is appropriate, should be assessed on a case-bycase basis and depends on the c…
4 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology …
5 Commission/Council texts · 14 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
It should be reiterated that further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes should be considered to be compatible lawful processing operations. In such cases it is not necessary to ascertain on …
5 Commission/Council texts · 11 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Trustworthy AI is key in providing for economic growth and supporting innovation with socially beneficial outcomes. The development and use of AI systems and the underlying models such as large language models and generative video models rely on data, including personal data, in …
1 Commission/Council text · 19 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 3 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, conside…
1 Commission/Council text · 17 Parliament alternatives
Digital Omnibus proposal
The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end…
5 Commission/Council texts · 14 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 4 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
The development of certain AI systems and AI models may involve the collection of large amounts of data, including personal data and special categories thereof. Special categories of personal data may residually exist in the training, testing or validation data sets or be retaine…
5 Commission/Council texts · 18 Parliament alternatives
Digital Omnibus proposal
The processing of personal data in the context of the development and deployment of an AI system or of an AI model, may be regarded as carried out for a legitimate interest of the controller concerned and be carried out in accordance with Article 6(1)(f) of Regulation 2016/679, w…
4 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
Biometric data, as defined in Article 4(14) of Regulation (EU) 2016/679, means processing of certain characteristics of a natural person through a specific technical means and which allows or confirms the unique identification of that person. The notion of biometric data includes…
5 Commission/Council texts · 14 Parliament alternatives
Digital Omnibus proposal
Article 15 of Regulation (EU) 2016/679 provides data subjects with the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed and, where that is the case, access to the personal data and certain additional inf…
5 Commission/Council texts · 15 Parliament alternatives
Digital Omnibus proposal
Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitiv…
4 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Article 13 of Regulation (EU) 2016/679 requires the data controller to provide the data subject with certain information on the processing of his or her personal data as well as certain further information necessary to ensure fair and transparent processing, as defined in paragra…
5 Commission/Council texts · 13 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Where the processing takes place for the purpose of scientific research and the provision of information to the data subject proves to be impossible or would involve a disproportionate effort it should not be necessary to provide the information provided for under Article 13 of t…
5 Commission/Council texts · 13 Parliament alternatives
Digital Omnibus proposal
Article 22 of Regulation (EU) 2016/679 provides for rules governing the processing of personal data when the data controller makes decisions which have legal effects or similarly significant effects on the data subject, based solely on automated processing. In order to provide gr…
5 Commission/Council texts · 18 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 4 Parliament alternatives
Digital Omnibus proposal
In order to reduce the burden on controllers while ensuring that supervisory authorities have access to the relevant information and can act on violations of the Regulation, the threshold for notification of a personal data breach to the supervisory authority under Article 33 of …
5 Commission/Council texts · 14 Parliament alternatives
Digital Omnibus proposal
In order to facilitate compliance obligations and the establishment of the contract or other legal act governing the processing by a processor on behalf of the controller, the processor should also be subject to the general obligation of data protection by design and by default u…
4 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data protection impact assessment where the processing of personal data is likely to result in a high risk to the rights and freedoms of natural persons. The supervisory authorities established pursuant…
5 Commission/Council texts · 7 Parliament alternatives
Digital Omnibus proposal
In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is important that national supervisory authorities ensure that the adoption of guidelines, recommendations and best practices at national level on matters already covered by guidelines adopted b…
4 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
Further, in view of the consistent application of that Regulation, it is recalled that transfers of personal data to a third country or an international organisation are not required to be non-repetitive in order to fulfil one of the derogations of Article 49(1), points (a) to (g…
1 Commission/Council text
Digital Omnibus proposal
Regulation (EU) 2018/1725 of the European Parliament and of the Council36 applies to the processing of personal data by the Union institutions, bodies, offices and agencies. Directive (EU) 2016/680 of the European Parliament and of the Council37 applies to the processing of perso…
5 Commission/Council texts · 6 Parliament alternatives
Digital Omnibus proposal
As clarified in recital 5 of Regulation (EU) 2018/1725, whenever the provisions of Regulation (EU) 2018/1725 follow the same principles as the provisions of Regulation (EU) 2016/679, those two sets of provisions should, under the case law of the Court of Justice of the European U…
5 Commission/Council texts
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
In order to provide a strong and coherent data protection framework in the Union, the necessary adaptations of Directive (EU) 2016/680 and any other Union legal act applicable to such processing of personal data should follow after the adoption of this regulation, in order to all…
1 Commission/Council text · 2 Parliament alternatives
Digital Omnibus proposal
Directive 2002/58/EC on privacy and electronic communications (‘ePrivacy Directive’), last revised in 2009, provides a framework for the protection of the right to privacy, including the confidentiality of communications. It also specifies Regulation (EU) 2016/679 in relation to …
4 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
The storing of personal data, or the gaining of access to personal data already stored, in a terminal equipment and the subsequent processing of such data should be regulated under a single legal framework, namely Regulation (EU) 2016/679, where the subscriber of the electronic c…
5 Commission/Council texts · 45 Parliament alternatives
Digital Omnibus proposal
The storing of information, or the gaining of access to information already stored, in a terminal equipment should continue to be allowed only on the basis of consent.
3 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
With a view to reducing the compliance burden and providing legal clarity, 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 a subscriber or user, it…
3 Commission/Council texts
Digital Omnibus proposal
For the further processing of personal data for other purpose than those defined in the limitative list, Article 6 and, where relevant, Article 9 of Regulation (EU) 2016/679 should be applied. It is the responsibility of the controller in the light of the principle of accountabil…
3 Commission/Council texts
Digital Omnibus proposal
In order to improve their services, providers of online services should be able to gain information about the use of their service on an aggregated level without analysing individual subscriber or user behaviour. To enable this, measuring the audience of an online service by crea…
1 Commission/Council text
Digital Omnibus proposal
Maintaining or restoring the security of a service provided by an information society service provider and requested by the subscriber or user, or the terminal equipment used for the provision of such service, should only be allowed without consent to the extent that the security…
1 Commission/Council text
Digital Omnibus proposal
Although the simple display of contextual advertising does not typically require access to or storing of information on a user or subscriber device, such advertising often relies on the possibility to measure the performance of advertising campaigns, such as capping cookies, adve…
1 Commission/Council text
Digital Omnibus proposal
For the subsequent processing of personal data for other purposes than those defined in the limitative list, Article 6 and, where relevant, Article 9 of Regulation (EU) 2016/679 should be applied. It is the responsibility of the controller in the light of the principle of account…
1 Commission/Council text
Digital Omnibus proposal
Data subjects that have refused a request for consent are often confronted with a new request to give consent each time they visit the same controller’s online service again. This may have detrimental effects to the data subjects which may consent just in order to avoid repeating…
5 Commission/Council texts · 7 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Data subjects should have the possibility to rely on automated and machine-readable indications of their choice to consent or refuse a consent request or object to the processing of data. Such means should follow the state of the art. They can be implemented in the settings of a …
2 Commission/Council texts · 12 Parliament alternatives
Digital Omnibus proposal
Standardisation should play a key role to ensure that technical solutions are available for data subjects to easily set their consent preferences and enable them to make granular and informed decisions. In particular, the standards should enable data subjects to consent, refuse c…
1 Commission/Council text · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Directive 2002/58/EC on privacy and electronic communications ‘ePrivacy Directive’), last revised in 2009, provides a framework for the protection of the right to privacy, including the confidentiality of communications. It also specifies Regulation (EU) 2016/679 in relation to p…
1 Commission/Council text · 10 Parliament alternatives
Digital Omnibus proposal
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Dir…
5 Commission/Council texts · 3 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Several horizontal or sectorial Union legal acts require the notification of the same event to different authorities using different technical means and channels. The single-entry point for incident reporting should allow entities to fulfil reporting obligations under Directive (…
5 Commission/Council texts · 5 Parliament alternatives
Digital Omnibus proposal
In order to facilitate compliance with the obligation to report incidents and related events, including the identification of the applicable related obligations, ENISA should develop and maintain a single information point for incident reporting. Structured communication channels…
4 Commission/Council texts · 4 Parliament alternatives
Digital Omnibus proposal
To ensure the security of the single-entry point, ENISA should take appropriate and proportionate technical, operational and organisational measures to manage the risks posed to the security of the single-entry point and the information submitted or disseminated via the single-en…
5 Commission/Council texts · 5 Parliament alternatives
Digital Omnibus proposal
The term 'national entry point' should be understood as a national infrastructure or arrangement, which may take the form of a digital interface, platform or technical interoperability hub, established and maintained by the Member State, enabling entities to fulfil their incident…
4 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
The development and operation of national entry points may involve important costs for Member States, particularly where national reporting systems need to be built upon existing ones to adapted. It is important that, where applicable and foreseen in the relevant instruments, suc…
4 Commission/Council texts
Digital Omnibus proposal
The national entry point could, depending on Member States’ organisational arrangement and national structure, allow for tasks and functionalities supporting the reporting of relevant incidents, such as enabling the submission of notifications, receiving and processing notificati…
1 Commission/Council text
Digital Omnibus proposal
The development and operation of national entry points may involve important costs for Member States, particularly where national reporting systems need to be built or existing ones need to be adapted. Further costs might be related to ensuring their cross-border interoperability…
1 Commission/Council text
Digital Omnibus proposal
Before enabling the notification of incidents, ENISA should pilot the functioning of the single-entry point which should include a thorough testing of the specificities and requirements for the notifications for the relevant Union legal acts. Based on the results of the piloting,…
5 Commission/Council texts · 4 Parliament alternatives
Digital Omnibus proposal
To ensure the continuity and interoperability with existing national technical solutions that facilitate incident reporting, to the extent feasible, ENISA should take into account such national technical solutions when developing the specifications on the technical, operational a…
1 Commission/Council text · 2 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
To ensure that the single-entry point enables the relevant entities to submit the type of information and the format required under the relevant Union legal acts, ENISA should consult the Commission and the competent authorities under those acts. Where a Union legal act is not fu…
1 Commission/Council text · 3 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Based on Regulation (EU) 2022/2554, the financial sector has been at the forefront in implementing a harmonised, comprehensive and effective framework, including with regard to incident reporting. In order to simplify compliance, it is appropriate to align the incident reporting …
4 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Under the relevant Union legal acts, certain incident-specific information is to be shared at a subsequent stage between competent authorities to facilitate effective oversight and coordination. Therefore, the single-entry point should be designed to accommodate and support the e…
5 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
To ensure that incident reporting is carried out via the single-entry point Directive (EU) 2022/2555, Regulation (EU) 2016/679, Regulation (EU) 2022/2554, Regulation (EU) 910/2014, and Directive (EU) 2022/2557 should therefore be amended accordingly. The single-entry point should…
5 Commission/Council texts · 3 Parliament alternatives
Digital Omnibus proposal
In the exceptional event that a technical impossibility prevents the submission of incident notifications using the single-entry point, entities should fulfil their reporting obligations through alternative means. For that purpose, addressees of incident notifications under the r…
5 Commission/Council texts
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council38, and delivered its opinion on [DATE]. The European Data Protection Board was consulted in accordance with Article 42…
5 Commission/Council texts
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 1 Parliament alternative
Digital Omnibus proposal
Regulation (EU) 2019/1150 establishes a targeted set of mandatory rules at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market. Regulation (EU) 2022/2065 and Regulation (EU) 2022/1925 provide a comprehensive re…
5 Commission/Council texts · 13 Parliament alternatives
Digital Omnibus proposal
Given the technical nature of the amendments proposed in this Regulation and the urgency to deliver on a simplified legal framework, this Regulation should enter into force immediately after its publication in the Official Journal. As appropriate, transitional periods should be a…
5 Commission/Council texts · 3 Parliament alternatives
Digital Omnibus proposal
No Commission counterpart is printed for this Parliament-proposed recital.
0 Commission/Council texts · 2 Parliament alternatives
Digital Omnibus proposal
The amendments to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 are based on Article 16 TFEU. The amendments to Directive 2002/58/EC are based on Article 16 TFEU and Article 114 TFEU. All other amendments are based on Article 114 TFEU.
4 Commission/Council texts
Digital Omnibus proposal
The reasons that led the European Parliament and the Council to adopt those provisions of Regulation (EU) 2022/868, Regulation (EU) 2018/1807, and Directive 2019/1024 which are being re-enacted in the present regulation remain valid.
3 Commission/Council texts