Amendment 806· Data Act Article 32k(2)(da) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
(da) In Article 32k, paragraph 2, the following point is added
Point it would add
sa.the exclusive right shall not be granted to an entity established in a third country, or to an entity established in the Union that is under the direct or indirect control of a third-country entity, where the grant would be liable to expose the data concerned to the extraterritorial application of a third-country law or to harm the defence, security or economic security of the Union or of a Member State; before granting the right, the public sector body shall assess these risks, including any restrictive technical specifications liable to result in such exposure or dependency.'
Data Act Article 32k with this amendment
Amendment 806 applied to the Commission proposal, no other amendment
Unchanged: (1)
The re-use of data or documents shall be open to all potential actors in the market, even if one or more market actors already exploit added-value products based on those data or documents. Agreements or other arrangements or practices pertaining to the re-use of data or documents, which have as their objective or effect to grant exclusive rights or to restrict the availability of data or documents for re-use by entities other than the parties to such agreements, arrangements or practices, shall be prohibited.
By way of derogation of paragraph 1, where an exclusive right is necessary for the provision of a service of general interest, such a right may be granted to the extent necessary for the provision of the service or the supply of the product under the following conditions:
~AmendedUnchanged: (a), (b), (c) and (d)
the exclusive right is granted through an administrative act or contractual agreement in accordance with applicable Union and national law and in compliance with the principles of transparency, equal treatment and non- discrimination.
the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
except for exclusive rights related to the digitisation of cultural resources, the validity of the reason for granting exclusive rights concerning data and documents within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
exclusive arrangements established on or after 16 July 2019 shall be made publicly available online at least two months before they come into effect. The final terms of such arrangements shall be transparent and shall be made publicly available online.
the exclusive right shall not be granted to an entity established in a third country, or to an entity established in the Union that is under the direct or indirect control of a third-country entity, where the grant would be liable to expose the data concerned to the extraterritorial application of a third-country law or to harm the defence, security or economic security of the Union or of a Member State; before granting the right, the public sector body shall assess these risks, including any restrictive technical specifications liable to result in such exposure or dependency.'
+NewUnchanged: (3), (4), (5), (6) and (7)
By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.
In the case of an exclusive right referred to in paragraph 3, the public sector body concerned shall be provided free of charge with a copy of the digitised cultural resources as part of those arrangements. That copy shall be available for re-use at the end of the period of exclusivity.
For certain categories of protected data, the duration of an exclusive right to re-use data shall not exceed 12 months. Where a contract is concluded, the duration of the contract shall be the same as the duration of the exclusive right.
Agreements or other arrangements or practices that, without expressly granting an exclusive right, aim at, or could reasonably be expected to lead to, a restricted availability for the re-use of data and documents within the scope of Section 2 by entities other than parties to such arrangementsshall be made publicly available online at least two months before their coming into effect. The effect of such legal or practical arrangements on the availability of data for re-use shall be subject to regular reviews and shall, in any event, be reviewed every three years. The final terms of such arrangements shall be transparent and made publicly available online.
For existing exclusive arrangements, the following shall apply:
exclusive arrangements concerning data and documents within the scope of Section 2existing on 17 July 2013 that do not qualify for the exceptions set out in paragraphs 2 and 3 and that were entered into by public sector bodies shall be terminated at the end of the contract and in any event not later than 18 July 2043;
exclusive arrangements concerning data and documents within the scope of Section 2 existing on 16 July 2019 that do not qualify for the exceptions set out in paragraphs 2 and 3, and that were entered into by public undertakings, shall be terminated at the end of the contract and in any event not later than 17 July 2049;
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 32k(2)(da) (new).
Cite this amendment
Amendment 806 (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), pp. 19–20
Link, short form and official text
Amendment 806 (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), pp. 19–20
ITRE–LIBE Amendment 806 (CJ72-AM-791072), p. 19