Amendment 759· Data Act Article 32e and Article 32e(2)

Article 32e Registration (1) Data intermediation services provider which meets the requirements set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. Data altruism organisation which meets the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. (2) Data intermediation services providers and data altruism organisations that have no main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation. The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation. (3) Competent authorities shall establish the necessary application forms. (4) Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider. The first subparagraph shall also apply where a data altruism organisation has submitted all necessary information pursuant to paragraph 2, and complies with the registration requirements set out in Article 32d. The registration in the public Union register shall be valid in all Member States. (5) The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee. (6) Registered entities shall notify the competent authority of any subsequent changes to the information as provided during the application process or where they cease their data intermediation or data altruism activities in the Union. (7) The competent authority shall without delay and by electronic means notify the Commission of any notification pursuant to paragraph 6. The Commission shall without undue delay update the public Union register.

Article 32e Registration in public Union register

(1)Data intermediation services provider which meets the requirements set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.

A data altruism organisation which meets the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.

(2)Data intermediation services providers and data altruism organisations that have no main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities, data users or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation. Article 37(11) and (12) do not apply to data intermediation services providers and data altruism organisations.

The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation.

(3)Competent authorities shall establish the necessary application forms.

(4)Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the competent authority requests the applicant to provide additional information necessary to assess compliance with Article 32c, the time limit shall be suspended until the competent authority has received that information. In duly justified cases, where the assessment of compliance requires additional time due to the complexity or novelty of the services, the competent authority may extend the time limit once by a maximum of 12 weeks and shall inform the applicant accordingly, stating reasons. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider.

The first subparagraph shall also apply where a data altruism organisation has submitted all necessary information pursuant to paragraph 3, and complies with the registration requirements set out in Article 32d.

The registration in the public Union register shall be valid in all Member States.

(5)The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee.

(6)Registered entities shall notify within a reasonable time the competent authority of any subsequent changes to the information as provided during the application process or where they cease their data intermediation or data altruism activities in the Union.

(7)The competent authority shall without delay and by electronic means notify the Commission of any notification pursuant to paragraph 6. The Commission shall without undue delay update the public Union register.

(2)Data intermediation services providers and data altruism organisations that have no main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities, data users or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation. Article 37(11) and (12) do not apply to data intermediation services providers and data altruism organisations.

The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation.