Amendment 817· Data Act Article 32o(3)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(3) In the event of a negative decision, the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or the provisions of this Regulation, in particular points (a) to (c) of paragraph 2 of Article 32i and points (a) to (d) of paragraph 3 of Article 32i, the grounds of public security, defence or economic security referred to in Article 32i(2)(c), or Article 32n (general principle ODD Section). Where a negative decision is based on point (d) of paragraph 3 of Article 32i, the public sector body shall include a reference to the natural or legal person who is the rightsholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives, shall not be required to include such a reference.
Struck CommissionHighlighted amendment
Data Act Article 32o with this amendment
Amendment 817 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
Public sector bodies shall, through electronic means where possible and appropriate, process requests for re-use and shall make the document available for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time frames laid down for the processing of requests for access to data or documents.
Where no time limits or other rules regulating the timely provision of data or documents have been established, public sector bodies shall process the request and shall deliver the data or documents for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant as soon as possible, and in any event within 20 working days of receipt. That time frame may be extended by a further 20 working days in the case of extensive or complex requests. In such cases, the applicant shall be notified as soon as possible, and in any event within three weeks of the initial request, that more time is needed to process the request and the reasons why.
In the event of a negative decision, the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or the provisions of this Regulation, in particular points (a) to (c) of paragraph 2 of Article 32i and points (a) to (d) of paragraph 3 of Article 32i, the grounds of public security, defence or economic security referred to in Article 32i(2)(c), or Article 32n (general principle ODD Section). Where a negative decision is based on point (d) of paragraph 3 of Article 32i, the public sector body shall include a reference to the natural or legal person who is the rightsholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives, shall not be required to include such a reference.
~AmendedUnchanged: (4) and (5)
The means of redress shall include the possibility of review by an impartial review body with the appropriate expertise, such as the national competition authority, the relevant access to data or documents authority, the supervisory authority established in accordance with Regulation (EU) 2016/679 or a national judicial authority, whose decisions are binding upon the public sector body concerned.
For the purposes of this Article, Member States shall establish practical arrangements to facilitate effective re-use of data or documents. Those arrangements may in particular include the means to supply adequate information on the rights provided for in this Regulation and to offer relevant assistance and guidance.
This Article shall not apply to the following entities:
~AmendedUnchanged: (a)
public undertakings;
educational establishments, research performing organisations and research funding organisations. Subsection 3 Conditions for re-use
~AmendedTarget
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 32o(3).
Cite this amendment
Amendment 817 (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. 26–27
Link, short form and official text
Amendment 817 (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. 26–27
ITRE–LIBE Amendment 817 (CJ72-AM-791072), p. 26