Texts to 22 Oct 2026

Amendment 838· Data Act Article 32t(1a) (new)

Addition

Tabled by
Julie Rechagneux and 7 others (ECR, PfE)Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
Committee and document
ITRE–LIBE·amendments 777–1052 to the draft report (CJ72-AM-791072, PE791.072v01-00)·27 July 2026
Source
Official text, pp. 39–40·printed header: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32t – paragraph 1a (new)
Targets
Article 32t(1a) (new) of the Data Act

Text of the amendment

As tabled

Wording it would add

(1a)A Member State may restrict the dissemination or re-use of certain research data where the applicable framework does not offer sufficient safeguards against the unauthorised transfer of knowledge, the infringement of intellectual property rights, or the exposure of the data to the extraterritorial application of a third-country law liable to harm the security or economic security of the Union or of a Member State.

Data Act Article 32t with this amendment

Amendment 838 applied to the Commission proposal, no other amendment

Unchanged: (1)
1.

Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.

1a.

A Member State may restrict the dissemination or re-use of certain research data where the applicable framework does not offer sufficient safeguards against the unauthorised transfer of knowledge, the infringement of intellectual property rights, or the exposure of the data to the extraterritorial application of a third-country law liable to harm the security or economic security of the Union or of a Member State.

New
Unchanged: (2)
2.

Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re- usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre- existing intellectual property rights shall be taken into account.

Full text on the Data Act Article 32t page

Justification

The principle of open access to publicly funded research data is qualified by the principle of ‘as open as possible, as closed as necessary’, which already requires that security, intellectual property and legitimate commercial interests be taken into account. In order to give effect to that qualification, and without prejudice to the European Research Area, a Member State should be able to restrict the dissemination or re-use of certain research data where the applicable framework does not adequately protect against the unauthorised transfer of knowledge, the infringement of intellectual property rights, or the exposure of the data to the extraterritorial reach of a third-country law liable to harm the security or economic security of the Union or of a Member State. Confined to what is necessary and proportionate, this possibility reinforces the protection of strategic knowledge and of intellectual property without calling into question the openness of European research.

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

No Council text amends Article 32t(1a) (new).

Cite this amendment

Amendment 838 (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. 39–40

Link, short form and official text
Reference

Amendment 838 (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. 39–40

Short form

ITRE–LIBE Amendment 838 (CJ72-AM-791072), p. 39

Entry in the source list