Amendment 276· Data Act Article 36
−Deletion
Text of the amendment
As tabled
Wording it would delete
17. Article 36 is deleted.
Struck CommissionHighlighted amendment
Data Act Article 36 with this amendment
Amendment 276 applied to the Commission proposal, no other amendment
The vendor of an application using smart contracts or, in the absence thereof, the person whose trade, business or profession involves the deployment of smart contracts for others in the context of executing an agreement or part of it, to make data available shall ensure that those smart contracts comply with the following essential requirements of:
+Newrobustness and access control, to ensure that the smart contract has been designed to offer access control mechanisms and a very high degree of robustness to avoid functional errors and to withstand manipulation by third parties;
+Newsafe termination and interruption, to ensure that a mechanism exists to terminate the continued execution of transactions and that the smart contract includes internal functions which can reset or instruct the contract to stop or interrupt the operation, in particular to avoid future accidental executions;
+Newdata archiving and continuity, to ensure, in circumstances in which a smart contract must be terminated or deactivated, there is a possibility to archive the transactional data, smart contract logic and code in order to keep the record of operations performed on the data in the past (auditability);
+Newaccess control, to ensure that a smart contract is protected through rigorous access control mechanisms at the governance and smart contract layers; and
+Newconsistency, to ensure consistency with the terms of the data sharing agreement that the smart contract executes.
+NewThe vendor of a smart contract or, in the absence thereof, the person whose trade, business or profession involves the deployment of smart contracts for others in the context of executing an agreement or part of it, to make data available shall perform a conformity assessment with a view to fulfilling the essential requirements laid down in paragraph 1 and, on the fulfilment of those requirements, issue an EU declaration of conformity.
+NewBy drawing up the EU declaration of conformity, the vendor of an application using smart contracts or, in the absence thereof, the person whose trade, business or profession involves the deployment of smart contracts for others in the context of executing an agreement or part of it, to make data available shall be responsible for compliance with the essential requirements laid down in paragraph 1.
+NewA smart contract that meets the harmonised standards or the relevant parts thereof, the references of which are published in the Official Journal of the European Union, shall be presumed to be in conformity with the essential requirements laid down in paragraph 1 to the extent that those requirements are covered by such harmonised standards or parts thereof.
+NewThe Commission shall, pursuant to Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements laid down in paragraph 1 of this Article.
+NewThe Commission may, by means of implementing acts, adopt common specifications covering any or all of the essential requirements laid down in paragraph 1 where the following conditions have been fulfilled:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
+Newthe Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised standard that satisfies the essential requirements laid down in paragraph 1 of this Article and:
+Newthe request has not been accepted;
+Newthe harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or
+Newthe harmonised standards do not comply with the request; and
+Newno reference to harmonised standards covering the relevant essential requirements laid down in paragraph 1 of this Article is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period.
+NewBefore preparing a draft implementing act referred to in paragraph 6 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 6 of this Article have been fulfilled.
+NewWhen preparing the draft implementing act referred to in paragraph 6, the Commission shall take into account the advice of the EDIB and views of other relevant bodies or expert groups and shall duly consult all relevant stakeholders.
+NewThe vendor of a smart contract or, in the absence thereof, the person whose trade, business or profession involves the deployment of smart contracts for others in the context of executing an agreement or part of it, to make data available that meet the common specifications established by implementing acts referred to in paragraph 6 or parts thereof shall be presumed to be in conformity with the essential requirements laid down in paragraph 1 to the extent that those requirements are covered by such common specifications or parts thereof.
+NewWhere a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. Where the reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in paragraph 6 of this Article, or parts thereof which cover the same essential requirements as those covered by that harmonised standard.
+NewWhen a Member State considers that a common specification does not entirely satisfy the essential requirements laid down in paragraph 1, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.
+NewTarget
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
17. Article 36 is deleted.
Council text of 22 October 2026ST 14756/26
17.Article 36 is deleted.
Cite this amendment
Amendment 276 (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. 128
Link, short form and official text
Amendment 276 (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. 128
IMCO Amendment 276 (IMCO-AM-790905), p. 128