Amendment 301· Data Act Article 32j
+Addition
Text of the amendment
As tabled
Wording it would add
1a.The re-use of data and documents under this Chapter shall not entail their transfer to a third-country authority or a natural or legal person established in a third country, nor access by the latter to those data, where such transfer or access would be liable to have an adverse effect on public security, the resilience and continuity of essential services, or the national and economic security of the Union or a Member State.
Data Act Article 32j with this amendment
Amendment 301 applied to the Commission proposal, no other amendment
Unchanged: (1)
Any applicable conditions for the re-use of data or documents shall be non- discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
The re-use of data and documents under this Chapter shall not entail their transfer to a third-country authority or a natural or legal person established in a third country, nor access by the latter to those data, where such transfer or access would be liable to have an adverse effect on public security, the resilience and continuity of essential services, or the national and economic security of the Union or a Member State.
+NewUnchanged: (2)
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
Article 32j Non-discrimination (1) Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use. (2) If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Council text of 22 October 2026ST 14756/26
Article 32j Non-discrimination (1) Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use. (2) If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Cite this amendment
Amendment 301 (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. 142
Link, short form and official text
Amendment 301 (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. 142
IMCO Amendment 301 (IMCO-AM-790905), p. 142