Amendment 259· Data Act Article 30(1)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
14a. Article 30, paragraph 1 is replaced by the following:
Paragraph 1 as it would readagainst the Commission’s
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall, in accordance with Article 27, take all reasonable measures in their power to facilitate that the customer, after switching to a service covering the same service type, achieves functional equivalence in the use of the destination data processing service. The source provider of data processing services shall facilitate the switching process by providing capabilities, adequate information, documentation, technical support and, where appropriate, the necessary tools."
Struck CommissionHighlighted amendment
Data Act Article 30 with this amendment
Amendment 259 applied to the Commission proposal, no other amendment
Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall, in accordance with Article 27, take all reasonable measures in their power to facilitate that the customer, after switching to a service covering the same service type, achieves functional equivalence in the use of the destination data processing service. The source provider of data processing services shall facilitate the switching process by providing capabilities, adequate information, documentation, technical support and, where appropriate, the necessary tools."
Unchanged: (2), (3), (4), (5) and (6)
Providers of data processing services, other than those referred to in paragraph 1, shall make open interfaces available to an equal extent to all their customers and the concerned destination providers of data processing services free of charge to facilitate the switching process. Those interfaces shall include sufficient information on the service concerned to enable the development of software to communicate with the services, for the purposes of data portability and interoperability.
For data processing services other than those referred to in paragraph 1 of this Article, providers of data processing services shall ensure compatibility with common specifications based on open interoperability specifications or harmonised standards for interoperability at least 12 months after the references to those common specifications or harmonised standards for interoperability of data processing services were published in the central Union standards repository for the interoperability of data processing services following the publication of the underlying implementing acts in the Official Journal of the European Union in accordance with Article 35(8).
Providers of data processing services other than those referred to in paragraph 1 of this Article shall update the online register referred to in Article 26, point (b) in accordance with their obligations under paragraph 3 of this Article.
In the case of switching between services of the same service type, for which common specifications or the harmonised standards for interoperability referred to in paragraph 3 of this Article have not been published in the central Union standards repository for the interoperability of data processing services in accordance with Article 35(8), the provider of data processing services shall, at the request of the customer, export all exportable data in a structured, commonly used and machine-readable format.
Providers of data processing services shall not be required to develop new technologies or services, or disclose or transfer digital assets that are protected by intellectual property rights or that constitute a trade secret, to a customer or to a different provider of data processing services or compromise the customer’s or provider’s security and integrity of service.
Struck removed Highlighted added Full text on the Data Act Article 30 page
Justification
The word ‘capabilities’ should be deleted as it creates an undefined and potentially open-ended obligation. Switching rules should help customers move between services, not require providers to recreate or guarantee another provider’s technical functionalities, performance or architecture. The change supports the Digital Omnibus simplification objective, aligns Article 30 with Chapter VI and reduces disproportionate compliance risks in security-sensitive cloud environments.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 30(1)
Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall, in accordance with Article 27, take all reasonable measures in their power to facilitate that the customer, after switching to a service covering the same service type, achieves functional equivalence in the use of the destination data processing service. The source provider of data processing services shall facilitate the switching process by providing capabilities, adequate information, documentation, technical support and, where appropriate, the necessary tools.
No Council text amends Article 30(1).
Cite this amendment
Amendment 259 (Piotr Müller and others), 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. 113–114
Link, short form and official text
Amendment 259 (Piotr Müller and others), 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. 113–114
IMCO Amendment 259 (IMCO-AM-790905), p. 113