Amendment 255· Data Act Article 19(3)
+Addition
Text of the amendment
As tabled
Amending instruction
(ba) the following paragraph 3a is inserted
Paragraph 3a it would add
The public sector body, the Commission, the European Central Bank or a Union body, as well as any joint venture shall ensure that trade secrets obtained in the context of a public emergency are erased as soon as they are no longer necessary for the purposes for which the request was made. Where those data are shared with a third party, the recipient must as far as possible be given access without data transmission or data downloading, and must erase the data as soon as they are no longer necessary and must not transmit them to third parties.
Data Act Article 19 with this amendment
Amendment 255 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 15a shall:
not use the data in a manner incompatible with the purpose for which they were requested;
have implemented technical and organisational measures that preserve the confidentiality and integrity of the requested data and the security of the data transfers, in particular personal data, and safeguard the rights and freedoms of data subjects;
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.
A public sector body, the Commission, the European Central Bank, a Union body or a third party receiving data under this Chapter shall not:
use the data or insights about the economic situation, assets and production or operation methods of the data holder to develop or enhance a connected product or related service that competes with the connected product or related service of the data holder;
share the data with another third party for any of the purposes referred to in point (a).
Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
The public sector body, the Commission, the European Central Bank or a Union body, as well as any joint venture shall ensure that trade secrets obtained in the context of a public emergency are erased as soon as they are no longer necessary for the purposes for which the request was made. Where those data are shared with a third party, the recipient must as far as possible be given access without data transmission or data downloading, and must erase the data as soon as they are no longer necessary and must not transmit them to third parties.
+NewUnchanged: (4)
A public sector body, the Commission, the European Central Bank or a Union body shall be responsible for the security of the data it receives.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 19(3)
Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
Commission proposalCOM(2025) 837
3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
Council text of 22 October 2026ST 14756/26
3.Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
Cite this amendment
Amendment 255 (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), p. 111
Link, short form and official text
Amendment 255 (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), p. 111
IMCO Amendment 255 (IMCO-AM-790905), p. 111