Amendment 818· Data Act Article 32p(2)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(2) Member States shall encourage public sector bodies and public undertakings to produce and make available data or documents falling within the scope of this Section in accordance with the principle of ‘open by design and by default.Member States may encourage public sector bodies and public undertakings to make available in open format data and documents which are publicly available under national law, provided also that their publication does not pose any risk for the protection of personal data, public security, critical infrastructure, trade secrets or other essential public interests.
Struck CommissionHighlighted amendment
Data Act Article 32p with this amendment
Amendment 818 applied to the Commission proposal, no other amendment
Unchanged: (1)
Without prejudice to Subsection 5, public sector bodies and public undertakings shall make their data or documents available in any pre-existing format or language and, where possible and appropriate, by electronic means, in formats that are open, machine-readable, accessible, findable and re-usable, together with their metadata. Both the format and the metadata shall, where possible, comply with formal open standards.
Member States shall encourage public sector bodies and public undertakings to produce and make available data or documents falling within the scope of this Section in accordance with the principle of ‘open by design and by default.Member States may encourage public sector bodies and public undertakings to make available in open format data and documents which are publicly available under national law, provided also that their publication does not pose any risk for the protection of personal data, public security, critical infrastructure, trade secrets or other essential public interests.
Unchanged: (3), (4), (5), (6), (7) and (8)
Paragraph 1 shall not imply an obligation for public sector bodies to create or adapt data or documents or provide extracts in order to comply with that paragraph where this would involve disproportionate effort, going beyond a simple operation.
Public sector bodies shall not be required to continue the production and storage of a certain type of document with a view to the re-use of such data or documents by a private or public sector organisation.
Public sector bodies shall make dynamic data available for re-use immediately after collection, via suitable APIs and, where relevant, as a bulk download.
Where making dynamic data available for re-use immediately after collection, as referred to in paragraph 5, would exceed the financial and technical capacities of the public sector body, thereby imposing a disproportionate effort, those dynamic data shall be made available for re-use within a time frame or with temporary technical restrictions that do not unduly impair the exploitation of their economic and social potential.
Paragraphs 1 to 6 shall apply to existing data or documents held by public undertakings which are available for re-use.
The high-value datasets, as listed in accordance with Article 32v(1) shall be made available for re-use in machine- readable format, via suitable APIs and, where relevant, as a bulk download.
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Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(2)Wherever possible and appropriate, public sector bodies and public undertakings shall produce and make available data or documents falling within the scope of this Section in accordance with the principle of ‘open by design and by default’.
Cite this amendment
Amendment 818 (Mary Khan), 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. 27
Link, short form and official text
Amendment 818 (Mary Khan), 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. 27
ITRE–LIBE Amendment 818 (CJ72-AM-791072), p. 27