Amendment 789· Data Act Article 32h(1)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(1) Data localisation requirements for non-personal data shallmay be prohibited,imposed unlesswhere they are justified on grounds of public security in compliance with, the principleresilience and continuity of proportionalityessential services, an overriding legitimate interest, or laid down on the basisprotection of Unionnational lawand economic security.
Struck CommissionHighlighted amendment
Data Act Article 32h with this amendment
Amendment 789 applied to the Commission proposal, no other amendment
Data localisation requirements for non-personal data shallmay be prohibited,imposed unlesswhere they are justified on grounds of public security in compliance with, the principleresilience and continuity of proportionalityessential services, an overriding legitimate interest, or laid down on the basisprotection of Unionnational lawand economic security.
Unchanged: (2)
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Struck removed Highlighted added Full text on the Data Act Article 32h page
Justification
The location of non-personal data has become a factor of resilience, strategic autonomy and economic security. Rather than treating data localisation requirements as prohibited in principle, this amendment establishes a modulable framework under which such requirements may be imposed where they are justified on defined grounds — public security, the resilience and continuity of essential services, an overriding legitimate interest, or the protection of national and economic security — or laid down on the basis of Union law. This effect-based approach enables Member States and the Union to address dependency and disruption risks affecting data of strategic importance, while the requirement that any such measure be necessary and proportionate to the objective pursued preserves the coherence of the internal market and the compatibility of the framework with the Union’s international commitments.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(1)Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
Cite this amendment
Amendment 789 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), p. 8
Link, short form and official text
Amendment 789 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), p. 8
ITRE–LIBE Amendment 789 (CJ72-AM-791072), p. 8