Amendment 50· Data Act Article 18(1)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
(-a) paragraph 1 is replaced by the following:
Paragraph 1 as it would readagainst the Commission’s
1. A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, takingand intoshall accountimplement the necessary technical, organisational and legal measures to implement data protection principles and to protect personal data and safeguard the rights and freedoms of data subjects.’
Struck CommissionHighlighted amendment
Data Act Article 18 with this amendment
Amendment 50 applied to the Commission proposal, no other amendment
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, takingand intoshall accountimplement the necessary technical, organisational and legal measures to implement data protection principles and to protect personal data and safeguard the rights and freedoms of data subjects.’
Unchanged: (2), (3) and (4)
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
the data holder does not have control over the data requested;
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
the request does not meet the conditions laid down in Article 17(1) and (2).
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
Struck removed Highlighted added Full text on the Data Act Article 18 page
Justification
In line with the advice in the joint EDPB-EDPS Joint Opinion, paras. 126-127 to specify the data holders must implement the technical, organisational and legal measures requested, not just take them into account’. This would also be in line with Articles 17(1)(g) and 19(1)(b).
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 18(1)
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, taking into account necessary technical, organisational and legal measures.
No Council text amends Article 18(1).
Cite this amendment
Amendment 50 (draft opinion by Alex Agius Saliba), European Parliament, Committee on the Internal Market and Consumer Protection, draft opinion on COM(2025) 837 (IMCO-PA-789877, PE789.877, 8 June 2026), pp. 41–42
Link, short form and official text
Amendment 50 (draft opinion by Alex Agius Saliba), European Parliament, Committee on the Internal Market and Consumer Protection, draft opinion on COM(2025) 837 (IMCO-PA-789877, PE789.877, 8 June 2026), pp. 41–42
IMCO Amendment 50 (IMCO-PA-789877), p. 41