Amendment 838· Data Act Article 32t(1a) (new)
+Addition
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)
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.
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.
+NewUnchanged: (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.
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
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
ITRE–LIBE Amendment 838 (CJ72-AM-791072), p. 39