Amendment 202· Digital Omnibus proposal Recital 26
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy. At the same time, a differentiated system of charges must be applied in such a way as to comply with the principles of transparency, proportionality and non-discrimination so that access to data is not restricted arbitrarily, but reflects the aim of ensuring effective competition in the internal market. Establishing such mechanisms helps to prevent an excessive concentration of competitive advantages in the hands of a small number of economic operators and promotes the development of a balanced digital ecosystem in which small and medium-sized enterprises, start-ups and research organisations have real opportunities to develop innovative, data-driven products and services. Reuse of public-sector data thus becomes a tool to stimulate innovation and competitiveness, in accordance with the aims of the European Data Strategy and the principles of the data economy.
Struck CommissionHighlighted amendment
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.
Council text of 22 October 2026ST 14756/26
In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector information benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of public sector open data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.
Cite this amendment
Amendment 202 (Diana Iovanovici Şoşoacă), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 79–250 to the draft report on COM(2025) 837 (CJ72-AM-786820, PE786.820v01-00, 27 July 2026), pp. 119–120
Link, short form and official text
Amendment 202 (Diana Iovanovici Şoşoacă), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 79–250 to the draft report on COM(2025) 837 (CJ72-AM-786820, PE786.820v01-00, 27 July 2026), pp. 119–120
ITRE–LIBE Amendment 202 (CJ72-AM-786820), p. 119