Amendment 669· Data Act Article 19(3)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(3) Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct, as well as the implementation of data minimisation principles, needs-based access separation, encryption of data in transit and at rest, and regular monitoring and assessment of the risks of unauthorised disclosure. In case of disclosure, the public sector body, the Commission, the European Central Bank or the Union body shall notify the trade secret holder within a reasonable period of time, limit the disclosure to what is strictly necessary and take remedial measures, including data recovery or termination of disclosure, as requested or decided upon by the competent authority. Any authorised disclosure shall be conducted in accordance with the applicable legal framework, respecting the rights of the trade secret holder, the safeguards adopted and the principles of transparency, proportionality and information security. The trade secret holder may request that compliance with those measures be monitored and may challenge an unjustified or excessive disclosure before the competent authorities.
Struck CommissionHighlighted amendment
Data Act Article 19 with this amendment
Amendment 669 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 15a shall:
not use the data in a manner incompatible with the purpose for which they were requested;
have implemented technical and organisational measures that preserve the confidentiality and integrity of the requested data and the security of the data transfers, in particular personal data, and safeguard the rights and freedoms of data subjects;
erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and individuals or organisations that received the data pursuant to Article 21(1) without undue delay that the data have been erased, unless archiving of the data is required in accordance with Union or national law on public access to documents in the context of transparency obligations.
A public sector body, the Commission, the European Central Bank, a Union body or a third party receiving data under this Chapter shall not:
use the data or insights about the economic situation, assets and production or operation methods of the data holder to develop or enhance a connected product or related service that competes with the connected product or related service of the data holder;
share the data with another third party for any of the purposes referred to in point (a).
Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct, as well as the implementation of data minimisation principles, needs-based access separation, encryption of data in transit and at rest, and regular monitoring and assessment of the risks of unauthorised disclosure. In case of disclosure, the public sector body, the Commission, the European Central Bank or the Union body shall notify the trade secret holder within a reasonable period of time, limit the disclosure to what is strictly necessary and take remedial measures, including data recovery or termination of disclosure, as requested or decided upon by the competent authority. Any authorised disclosure shall be conducted in accordance with the applicable legal framework, respecting the rights of the trade secret holder, the safeguards adopted and the principles of transparency, proportionality and information security. The trade secret holder may request that compliance with those measures be monitored and may challenge an unjustified or excessive disclosure before the competent authorities.
~AmendedUnchanged: (4)
A public sector body, the Commission, the European Central Bank or a Union body shall be responsible for the security of the data it receives.
Justification
Data privacy is essential, even in emergency situations, and requires clearly defined conditions for access and protection.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 19(3)
Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
Commission proposalCOM(2025) 837
3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
Council text of 22 October 2026ST 14756/26
3.Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
Cite this amendment
Amendment 669 (Diana Iovanovici Şoşoacă), 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. 110–111
Link, short form and official text
Amendment 669 (Diana Iovanovici Şoşoacă), 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. 110–111
ITRE–LIBE Amendment 669 (CJ72-AM-791071), p. 110