Amendment 639· Data Act Article 6(2)(e) and (g)
+Addition
Text of the amendment
As tabled
Effectnew Parliament proposal instruction expressly deletes existing law
Point (g) as it would read
4a.In Article 6, paragraph 2 is amended as follows: point (e) is deleted; point (g) is replaced by the following: ‘prevent the user that is a consumer, without renumeration, from making the data it receives available to other parties.’
Data Act Article 6 with this amendment
Amendment 639 applied to the Commission proposal, no other amendment
Unchanged: (1)
A third party shall process the data made available to it pursuant to Article 5 only for the purposes and under the conditions agreed with the user and subject to Union and national law on the protection of personal data including the rights of the data subject insofar as personal data are concerned. The third party shall erase the data when they are no longer necessary for the agreed purpose, unless otherwise agreed with the user in relation to non-personal data.
The third party shall not:
make the exercise of choices or rights under Article 5 and this Article by the user unduly difficult, including by offering choices to the user in a non-neutral manner, or by coercing, deceiving or manipulating the user, or by subverting or impairing the autonomy, decision-making or choices of the user, including by means of a user digital interface or a part thereof;
notwithstanding Article 22(2), points (a) and (c), of Regulation (EU) 2016/679, use the data it receives for the profiling, unless it is necessary to provide the service requested by the user;
make the data it receives available to another third party, unless the data is made available on the basis of a contract with the user, and provided that the other third party takes all necessary measures agreed between the data holder and the third party to preserve the confidentiality of trade secrets;
make the data it receives available to an undertaking designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;
use the data it receives to develop a product that competes with the connected product from which the accessed data originate or share the data with another third party for that purpose; third parties shall also not use any non-personal product data or related service data made available to them to derive insights about the economic situation, assets and production methods of, or use by, the data holder;
use the data it receives in a manner that has an adverse impact on the security of the connected product or related service;
disregard the specific measures agreed with a data holder or with the trade secrets holder pursuant to Article 5(9) and undermine the confidentiality of trade secrets;
prevent the user that is a consumer, including on the basis of a contract, from making the data it receives available to other parties.
Struck removed Highlighted added Full text on the Data Act Article 6 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 6(2)(e) and (g).
Cite this amendment
Amendment 639 (Damian Boeselager), 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. 90–91
Link, short form and official text
Amendment 639 (Damian Boeselager), 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. 90–91
ITRE–LIBE Amendment 639 (CJ72-AM-791071), p. 90