Amendment 582· Data Act Article 2(60)
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Text of the amendment
As tabled
Wordingagainst the Commission’s
(60) ‘data localisation requirement’ means any obligation, prohibition, condition, limit or other requirement provided for in the laws, regulations or administrative provisions of a Member State or resulting from general and consistent administrative practices in a Member State and in bodies governed by public law, including in the field of public procurement, without prejudice to Directive 2014/24/EU, which imposes the processing of data in the territory of a specific Member State or hinders the processing of data in any other Member State; a requirement shall not constitute a data localisation requirement within the meaning of this point where it is justified on grounds of public security, service continuity in the face of unilateral extraterritorial suspension risks, or where it is necessary and proportionate to protect personal data, sensitive data or high-value datasets against access, transfer or use resulting from the extraterritorial application of a third-country law likely to cause harm to the Union or its Member States;
Struck CommissionHighlighted amendment
Justification
The growing extraterritorial reach of certain third-country laws exposes personal data, sensitive data and high-value datasets held in the Union to access, transfer or use that may run counter to the Union’s economic security and to the protection of natural persons. This exception, framed around the established grounds of public security and the principles of necessity and proportionality, ensures that the prohibition on data localisation requirements does not prevent Member States from protecting data whose exposure to extraterritorial reach would be liable to cause harm to the Union or its Member States.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
(60) ‘formal open standard’ means a standard which has been laid down in written form, detailing specifications for the requirements on how to ensure software interoperability;
Council text of 22 October 2026ST 14756/26, Article 2(58)
(58)‘formal open standard’ means a standard which has been laid down in written form, detailing specifications for the requirements on how to ensure software interoperability;
Cite this amendment
Amendment 582 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 34–36
Link, short form and official text
Amendment 582 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 34–36
ITRE–LIBE Amendment 582 (CJ72-AM-791071), p. 34