Amendment 192· Data Act Article 1(1)(ea)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(ea) voluntary registration of data intermediation services;
Struck CommissionHighlighted amendment
Data Act Article 1 with this amendment
Amendment 192 applied to the Commission proposal, no other amendment
This Regulation lays down harmonised rules, inter alia, on:
~AmendedUnchanged: (a), (b), (c), (d) and (e)
the making available of product data and related service data to the user of the connected product or related service;
the making available of data by data holders to data recipients;
the making available of data by data holders to public sector bodies, the Commission, the European Central Bank and Union bodies, where there is an exceptional need for those data for the performance of a specific task carried out in the public interest;
facilitating switching between data processing services;
introducing safeguards against unlawful third-party access to non-personal data; and
voluntary registration of data intermediation services;
Unchanged: (eb), (ec), (ed), (ee), (f), (2) and 10 more
voluntary registration of entities which collect and process data made available for altruistic purposes;
the establishment of a European Data Innovation Board;
data localisation requirements and the availability of data to competent authorities;
the re-use of certain data and documents held by public sector bodies or by certain public undertakings, and of research data.
the development of interoperability standards for data to be accessed, transferred and used.
This Regulation covers personal and non-personal data, including the following types of data, in the following contexts:
Chapter II applies to data, with the exception of content, concerning the performance, use and environment of connected products and related services;
Chapter III applies to any private sector data that is subject to statutory data sharing obligations;
Chapter IV applies to any private sector data accessed and used on the basis of contract between enterprises;
Chapter V applies to any private sector data with a focus on non-personal data;
Chapter VI applies to any data and services processed by providers of data processing services;
Chapter VII applies to any non-personal data held in the Union by providers of data processing services.
Chapter VIIa applies to personal and non-personal data;
Chapter VIIb applies to any non-personal data;
Chapter VIIc applies to personal and non-personal data, namely the following:
documents held by public sector bodies of Member States as referred to in Article 32i(1), point (a) or by public undertakings as referred to in Article 32i(1), point (b);
research data as referred to in Article 32i(1), point (c);
certain categories of protected data as referred to in Article 32i(1), point (a).
This Regulation applies to:
manufacturers of connected products placed on the market in the Union and providers of related services, irrespective of the place of establishment of those manufacturers and providers;
users in the Union of connected products or related services as referred to in point (a);
data holders, irrespective of their place of establishment, that make data available to data recipients in the Union;
data recipients in the Union to whom data are made available;
public sector bodies, the Commission, the European Central Bank and Union bodies that request data holders to make data available where there is an exceptional need for those data for the performance of a specific task carried out in the public interest and to the data holders that provide those data in response to such request;
providers of data processing services, irrespective of their place of establishment, providing such services to customers in the Union;
participants in data spaces.
Where this Regulation refers to connected products or related services, such references are also understood to include virtual assistants insofar as they interact with a connected product or related service.
This Regulation is without prejudice to Union and national law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment, which shall apply to personal data processed in connection with the rights and obligations laid down herein, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC, including the powers and competences of supervisory authorities and the rights of data subjects. Insofar as users are data subjects, the rights laid down in Chapter II of this Regulation shall complement the rights of access by data subjects and rights to data portability under Articles 15 and 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or privacy, or national legislation adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data or privacy shall prevail.
This Regulation does not apply to or pre-empt voluntary arrangements for the exchange of data between private and public entities, in particular voluntary arrangements for data sharing.
This Regulation does not affect Union or national legal acts providing for the sharing of, access to and the use of data for the purpose of the prevention, investigation, detection or prosecution of criminal offences or for the execution of criminal penalties, or for customs and taxation purposes, in particular Regulations (EU) 2021/784, (EU) 2022/2065 and (EU) 2023/1543 and Directive (EU) 2023/1544, or international cooperation in that area. This Regulation does not apply to the collection or sharing of, access to or the use of data under Regulation (EU) 2015/847 and Directive (EU) 2015/849. This Regulation does not apply to areas that fall outside the scope of Union law and in any event does not affect the competences of the Member States concerning public security, defence or national security, regardless of the type of entity entrusted by the Member States to carry out tasks in relation to those competences, or their power to safeguard other essential State functions, including ensuring the territorial integrity of the State and the maintenance of law and order. This Regulation does not affect the competences of the Member States concerning customs and tax administration or the health and safety of citizens.
This Regulation is without prejudice to Union and national legal acts providing for the protection of intellectual property rights, in particular Directives 2001/29/EC, 2004/48/EC and (EU) 2019/790.
This Regulation complements and is without prejudice to Union law which aims to promote the interests of consumers and ensure a high level of consumer protection, and to protect their health, safety and economic interests, in particular Directives 93/13/EEC, 2005/29/EC and 2011/83/EU.
This Regulation does not preclude the conclusion of voluntary lawful data sharing contracts, including contracts concluded on a reciprocal basis, which comply with the requirements laid down in this Regulation.
Chapter VIIb of this Regulation is without prejudice to laws, regulations, and administrative provisions that relate to the internal organisation of Member States and that allocate, among public authorities and bodies governed by public law, powers and responsibilities for the processing of data without contractual remuneration of private parties, as well as to laws, regulations, and administrative provisions of Member States that provide for the implementation of such powers and responsibilities.
Where sector-specific Union or national law requires public sector bodies, data intermediation services providers or recognised data altruism organisations to comply with specific additional technical, administrative or organisational requirements that relate to Chapters VIIa and VIIb, including through an authorisation or certification regime, those provisions of that sector-specific Union or national law shall also apply. Any such specific additional requirements shall be non-discriminatory, proportionate and objectively justified.
With regards to data and documents in scope of Section II of Chapter VIIc, Chapter VIIc of this Regulation does not affect the possibility for Member States to adopt more detailed or stricter rules, provided that those rules allow for more extensive re-use of data and documents.
Struck removed Highlighted added Full text on the Data Act Article 1 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
(ea) voluntary registration of data intermediation services;
Council text of 22 October 2026ST 14756/26
(ea)voluntary registration of data intermediation services;
Cite this amendment
Amendment 192 (David Cormand), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 125–328 to the draft opinion on COM(2025) 837 (IMCO-AM-790905, PE790.905, 16 July 2026), p. 66
Link, short form and official text
Amendment 192 (David Cormand), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 125–328 to the draft opinion on COM(2025) 837 (IMCO-AM-790905, PE790.905, 16 July 2026), p. 66
IMCO Amendment 192 (IMCO-AM-790905), p. 66