Amendment 33· Data Act Article 32w(5)(a)
−Deletion
Text of the amendment
As tabled
Wording it would delete
(a) where there is no legal basis other than consent for transmitting the data under Regulation (EU) 2016/679, with the consent of the data subjects;
Struck CommissionHighlighted amendment
Data Act Article 32w with this amendment
Amendment 33 applied to the Commission proposal, no other amendment
Unchanged: (1)
Public sector bodies which are competent under national law to grant or refuse access for the re-use of data or documents belonging to certain categories of protected data shall make publicly available the conditions for allowing such re-use and the procedure to request the re-use via the single information point referred to in Article 32aa. Where they grant or refuse access for re-use, they may be assisted by the competent bodies referred to in Article 32z (1). Member States shall ensure that public sector bodies are equipped with the necessary resources to comply with this Article and Article 32x.
Re-use of data or documents shall not affect the protected nature of those data or documents and shall only be allowed:
~Amendedin compliance with intellectual property rights. (b) if data that is considered confidential in accordance with Union or national law on commercial or statistical confidentiality, is not disclosed, as a result of allowing re-use, unless such re-use is allowed based on the data subject’s consent or the data holder’s permission in accordance with paragraph 5. (c) in compliance with Regulation (EU) 2016/679.
~Amendedif data that is considered confidential in accordance with Union or national law on commercial or statistical confidentiality, is not disclosed, as a result of allowing re-use, unless such re-use is allowed based on the data subject’s consent or the data holder’s permission in accordance with paragraph 5.
in compliance with Regulation (EU) 2016/679.
To ensure the preservation of the protected nature as referred to in paragraph 2, public sector bodies may establish the following requirements:
~Amendedto grant access for the re-use of data or documents only where the public sector body or the competent body, following the request for re-use, has ensured that those data or documents have been:
~Amendedanonymised, in the case of personal data;
subject to other forms of preparation of personal data;
modified, aggregated or treated by any other method of disclosure control, in the case of commercially confidential information, including trade secrets or content protected by intellectual property rights;
anonymised, in the case of personal data;
+Newsubject to other forms of preparation of personal data;
+Newmodified, aggregated or treated by any other method of disclosure control, in the case of commercially confidential information, including trade secrets or content protected by intellectual property rights;
+NewUnchanged: (b)
to access and re-use the data or documents remotely within a secure processing environment that is provided or controlled by the public sector body;
to access and re-use the data or documents within the physical premises in which the secure processing environment is located in accordance with high security standards, provided that remote access cannot be allowed without jeopardising the rights and interests of third parties. In the case of re-use allowed in accordance with the first subparagraph, point (a)(i), the re-use of data or documents shall be subject to the rules on open government data set out in Section 2. This is without prejudice to Article 32y, which prevails in case of conflict. In the case of re-use allowed in accordance with the first subparagraph, points (b) and (c), the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used.
This is without prejudice to Article 32y, which prevails in case of conflict. In the case of re-use allowed in accordance with the first subparagraph, points (b) and (c), the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used.
+NewUnchanged: (4)
The public sector body shall reserve the right to verify the process, the means and any results of processing of data or documents undertaken by the re-user to preserve the integrity of the protection of the data or documents. It shall also reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. The decision to prohibit the use of the results shall be comprehensible and transparent to the re-user. Unless national law provides for specific safeguards on applicable confidentiality obligations relating to the re-use of certain categories of protected data, the public sector body shall make the re-use of data or documents provided in accordance with paragraph 3 conditional on the adherence by the re-user to a confidentiality obligation that prohibits the disclosure of any information that jeopardises the rights and interests of third parties and that the re-user may have acquired despite the safeguards put in place. In the event of the unauthorised re-use of non-personal data, the re-user shall be obliged, without delay, where appropriate with the assistance of the public sector body, to inform the natural or legal persons whose rights and interests may be affected.
Where the re-use of data or documents cannot be allowed in accordance with paragraphs 3 and 4, re-use shall only be possible:
~Amendedwhere there is no legal basis other than consent for transmitting the data under Regulation (EU) 2016/679, with the consent of the data subjects;
Unchanged: (b)
with the permission from the data holders whose rights and interests may be affected by such re-use. The public sector body shall make best efforts, in accordance with Union and national law, to provide assistance to potential re-users in seeking consent of the data subjects or permission from the data holders whose rights and interests may be affected by such re-use, where this is feasible without a disproportionate burden on the public sector body. Where it provides such assistance, the public sector body may be assisted by the competent bodies referred to in Article 32z.
Struck removed Highlighted added Full text on the Data Act Article 32w page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 32w(5)(a).
Cite this amendment
Amendment 33 (draft report by Aura Salla and Marina Kaljurand), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, draft report on COM(2025) 837 (CJ72-PR-786818, PE786.818v01-00, 22 June 2026), pp. 28–29
Link, short form and official text
Amendment 33 (draft report by Aura Salla and Marina Kaljurand), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, draft report on COM(2025) 837 (CJ72-PR-786818, PE786.818v01-00, 22 June 2026), pp. 28–29
ITRE–LIBE Amendment 33 (CJ72-PR-786818), p. 28