Amendment 329· Data Act Article 40(6)
−Deletion
Text of the amendment
As tabled
Wording it would delete
20. in Article 40, paragraph (6) is inserted:
6. This Article shall not apply to Chapter VIIc.’
Struck CommissionHighlighted amendment
Data Act Article 40 with this amendment
Amendment 329 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4) and (5)
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Member States shall by 12 September 2025 notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. The Commission shall regularly update and maintain an easily accessible public register of those measures.
Member States shall take into account the recommendations of the EDIB and the following non-exhaustive criteria for the imposition of penalties for infringements of this Regulation:
the nature, gravity, scale and duration of the infringement;
any action taken by the infringing party to mitigate or remedy the damage caused by the infringement;
any previous infringements by the infringing party;
the financial benefits gained or losses avoided by the infringing party due to the infringement, insofar as such benefits or losses can be reliably established;
any other aggravating or mitigating factor applicable to the circumstances of the case;
infringing party’s annual turnover in the preceding financial year in the Union.
For infringements of the obligations laid down in Chapter II, III and V of this Regulation, the supervisory authorities responsible for monitoring the application of Regulation (EU) 2016/679 may within their scope of competence impose administrative fines in accordance with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.
For infringements of the obligations laid down in Chapter V of this Regulation, the European Data Protection Supervisor may impose within its scope of competence administrative fines in accordance with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66(3) of that Regulation.
This Article shall not apply to Chapter VIIc.
Struck removed Highlighted added Full text on the Data Act Article 40 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
6. This Article shall not apply to Chapter VIIc.
Council text of 22 October 2026ST 14756/26, Article 40(4)
(4)This Article shall not apply to Chapter VIIb and VIIc.
Cite this amendment
Amendment 329 (David Cormand), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), p. 3
Link, short form and official text
Amendment 329 (David Cormand), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), p. 3
IMCO Amendment 329 (IMCO-AM-791061), p. 3