Amendment 680· Data Act Article 21(5)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(d) the technical protection and organisational measures taken, including where personal data or trade secrets are involved.;
Struck CommissionHighlighted amendment
Data Act Article 21 with this amendment
Amendment 680 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3) and (4)
A public sector body, the Commission, the European Central Bank or a Union body shall be entitled to share data received under this Chapter:
with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested; or
with national statistical institutes and Eurostat for the production of official statistics.
Individuals or organisations receiving the data pursuant to paragraph 1 shall act on a not-for-profit basis or in the context of a public-interest mission recognised in Union or national law. They shall not include organisations upon which commercial undertakings have a significant influence which is likely to result in preferential access to the results of the research.
Individuals or organisations receiving the data pursuant to paragraph 1 of this Article shall comply with the same obligations that are applicable to the public sector bodies, the Commission, the European Central Bank or Union bodies pursuant to Article 17(3) and Article 19.
Notwithstanding Article 19(1), point (c), individuals or organisations receiving the data pursuant to paragraph 1 of this Article may keep the data received for the purpose for which the data was requested for up to six months following erasure of the data by the public sector bodies, the Commission, the European Central Bank and Union bodies.
Where a public sector body, the Commission, the European Central Bank or a Union body intends to transmit or make data available under paragraph 1, it shall without undue delay notify the data holder from whom the data was received, stating the following:
~AmendedUnchanged: (a), (b) and (c)
the identity and contact details of the organisation or the individual receiving the data;
the purpose of the transmission or making available of the data;
the period for which the data is to be used and the technical protection;
the technical protection and organisational measures taken, including where personal data or trade secrets are involved.;
~AmendedTarget
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 21(5)
Where a public sector body, the Commission, the European Central Bank or a Union body intends to transmit or make data available under paragraph 1 of this Article, it shall notify without undue delay the data holder from whom the data was received, stating the identity and contact details of the organisation or the individual receiving the data, the purpose of the transmission or making available of the data, the period for which the data is to be used and the technical protection and organisational measures taken, including where personal data or trade secrets are involved. Where the data holder disagrees with the transmission or making available of data, it may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Commission proposalCOM(2025) 837
5. Where a public sector body, the Commission, the European Central Bank or a Union body intends to transmit or make data available under paragraph 1, it shall without undue delay notify the data holder from whom the data was received, stating the following: (a) the identity and contact details of the organisation or the individual receiving the data; (b) the purpose of the transmission or making available of the data; (c) the period for which the data is to be used and the technical protection; (d) the organisational measures taken, including where personal data or trade secrets are involved.
Council text of 22 October 2026ST 14756/26
5.Where a public sector body, the Commission, the European Central Bank or a Union body intends to transmit or make data available under paragraph 1, it shall without undue delay notify the data holder from whom the data was received, stating the following:
(a)the identity and contact details of the organisation or the individual receiving the data;
(b)the purpose of the transmission or making available of the data;
(c)the period for which the data is to be used;
(d)the technical protection and organisational measures taken, including where personal data or trade secrets are involved.
Cite this amendment
Amendment 680 (Michael McNamara 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. 118
Link, short form and official text
Amendment 680 (Michael McNamara 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. 118
ITRE–LIBE Amendment 680 (CJ72-AM-791071), p. 118