Amendment 672· Data Act Article 19(3a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
3a. In Article 19, the following paragraph 3a is added:
Paragraph 3a it would add
The public sector body, the Commission, the European Central Bank or the Union body, as well as any joint undertaking, shall ensure that trade secrets obtained in the context of a public emergency are erased as soon as they are no longer necessary for the purpose for which the request was made. Where such data are shared with a third party, the recipient shall, to the extent possible, be granted access without transmission or downloading of the data, and shall be bound to erase the data once they are no longer necessary and not to transmit them onward to any further party.
Data Act Article 19 with this amendment
Amendment 672 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
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.
The public sector body, the Commission, the European Central Bank or the Union body, as well as any joint undertaking, shall ensure that trade secrets obtained in the context of a public emergency are erased as soon as they are no longer necessary for the purpose for which the request was made. Where such data are shared with a third party, the recipient shall, to the extent possible, be granted access without transmission or downloading of the data, and shall be bound to erase the data once they are no longer necessary and not to transmit them onward to any further party.
+NewUnchanged: (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
The disclosure of trade secrets to public bodies in the context of a public emergency, even where strictly necessary, exposes their holders to a heightened risk of unlawful use or onward dissemination. In order to preserve the confidentiality of trade secrets and the freedom to conduct a business, the safeguards should not be confined to the moment of disclosure but should extend to the subsequent handling of the data. This amendment provides that trade secrets obtained during a public emergency, including by any joint undertaking, are to be erased once they are no longer necessary, and that any sharing with a third party is, to the extent possible, to take place without transmission or downloading of the data, coupled with an obligation to erase and a prohibition on onward transmission. These measures ensure that the emergency-related use of trade secrets remains strictly proportionate to the purpose pursued.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 19(3a) (new).
Cite this amendment
Amendment 672 (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), p. 113
Link, short form and official text
Amendment 672 (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), p. 113
ITRE–LIBE Amendment 672 (CJ72-AM-791071), p. 113