Amendment 683· Data Act Article 22a
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
WhereWithout prejudice to Article 38, where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.;
Struck CommissionHighlighted amendment
Data Act Article 22a with this amendment
Amendment 683 applied to the Commission proposal, no other amendment
WhereWithout prejudice to Article 38, where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.’;
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Justification
The amendment is necessary to ensure legal certainty and a coherent enforcement framework under the Data Act. Introducing a separate right to lodge a complaint in Chapter V, while maintaining the horizontal complaints mechanism in Article 38, creates unnecessary overlap and uncertainty as to the applicable procedural rules. Aligning or merging these provisions would ensure a single, consistent complaints mechanism across the Regulation, in line with the recommendations of the European Data Protection Board and the European Data Protection Supervisor.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
Article 22a Right to lodge a complaint Where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.
Council text of 22 October 2026ST 14756/26
Article 22a Right to lodge a complaint
Where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.;
Cite this amendment
Amendment 683 (Elena Sancho Murillo 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. 120
Link, short form and official text
Amendment 683 (Elena Sancho Murillo 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. 120
ITRE–LIBE Amendment 683 (CJ72-AM-791071), p. 120