Amendment 839· Data Act Article 32t(2)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(2) Without prejudice to Article 32n, paragraph 3, point (d), research data, as well as scientific publications, 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.
Struck CommissionHighlighted amendment
Data Act Article 32t with this amendment
Amendment 839 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.
Without prejudice to Article 32n, paragraph 3, point (d), research data, as well as scientific publications, 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. Subsection 5 High-value datasets
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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)Without prejudice to Article 32i, 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 2, 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.
Cite this amendment
Amendment 839 (Damian Boeselager), 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. 40
Link, short form and official text
Amendment 839 (Damian Boeselager), 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. 40
ITRE–LIBE Amendment 839 (CJ72-AM-791072), p. 40