Amendment 827· Data Act Article 32r(3)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(3) In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.In Member States where licences are used, public sector bodies and public undertakings shall use standard open licences that permit the re-use of data or documents for any purpose and do not discriminate between categories of re-users, unless specific conditions are necessary and proportionate in view of the nature of the data or documents and justified on grounds of a public interest objective. Such licences shall be available in digital format and capable of being processed electronically.
Struck CommissionHighlighted amendment
Data Act Article 32r with this amendment
Amendment 827 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.In Member States where licences are used, public sector bodies and public undertakings shall use standard open licences that permit the re-use of data or documents for any purpose and do not discriminate between categories of re-users, unless specific conditions are necessary and proportionate in view of the nature of the data or documents and justified on grounds of a public interest objective. Such licences shall be available in digital format and capable of being processed electronically.
Unchanged: (4)
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Struck removed Highlighted added Full text on the Data Act Article 32r page
Justification
Standard open licences maximise legal certainty, interoperability and the ability to combine information from different public sources. Specific conditions should be permitted only where they are justified by the nature of the data or documents, not by the identity or economic power of the re-user.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(3)In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
Cite this amendment
Amendment 827 (Dario Tamburrano), 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. 32–33
Link, short form and official text
Amendment 827 (Dario Tamburrano), 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. 32–33
ITRE–LIBE Amendment 827 (CJ72-AM-791072), p. 32