Amendment 176· Digital Omnibus proposal Recital 21

Wordingagainst the Commission’s

(21) Both Directive (EU) 2019/1024 and Chapter II of Regulation (EU) 2022/868 regulate the re-use of public sector information for innovation purposes. The interplay of the two sets of rules has created legal uncertainty, mainly for public sector bodies.The interplay of the two sets of rules could be clarified and consolidated to ensure that the conditions for re-use are objective, transparent, proportionate, democratic and consistent with standardised open licences, and take the public interest into account. Action should be taken to promote data or document re-use models that are based on open licences, including for non-commercial users, researchers, civil society organisations, public interest bodies and community-led open knowledge projects. Public sector bodies should pursue open data regimes except where they determine that the data or documents in question contain information comprising certain categories of protected data. An alignment of the rules in one legal instrument is therefore necessary to bring further legal coherence and certainty.In those circumstances, they should limit public access thereto and consider making the data available for re-use in a protected format. Re-use regimes should seek to safeguard the public domain, the open licence status of the data or documents in question, interoperability, and the capacity for open knowledge projects to re-use and disseminate data and documents from the public sector.

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