Amendment 253· Data Act Article 16(2)
+Addition
Text of the amendment
As tabled
Amending instruction
(8a) In Article 16, the following paragraph is added:
Paragraph it would add
A public sector body, the Commission, the European Central Bank or a Union body having received data as a result of a public emergency must:
(a)have implemented technical and organisational measures ensuring the confidentiality and integrity of the requested data and the security of the data transfers, in particular personal data, and preserving the rights and freedoms of data subjects; and
(b)erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and individuals or organisations that received the data pursuant to Article 21(1) without undue delay that the data have been erased, unless archiving of the data is required in accordance with Union or national law on public access to documents in the context of transparency obligations.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 16(2)
This Chapter shall not apply to public sector bodies, the Commission, the European Central Bank or Union bodies carrying out activities for the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect applicable Union and national law on the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administration.
Commission proposalCOM(2025) 837
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Council text of 22 October 2026ST 14756/26
2.This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Cite this amendment
Amendment 253 (Virginie Joron), 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), pp. 109–110
Link, short form and official text
Amendment 253 (Virginie Joron), 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), pp. 109–110
IMCO Amendment 253 (IMCO-AM-790905), p. 109