Amendment 862· Data Act Article 32y(3)(c)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(c) anonymisation or otherdisclosure formscontrol in the case of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];
Struck CommissionHighlighted amendment
Data Act Article 32y with this amendment
Amendment 862 applied to the Commission proposal, no other amendment
Unchanged: (1)
Public sector bodies which allow re-use of certain categories of protected data may charge fees for allowing the re-use of such data.
Where public sector bodies charge fees, they shall take measures to provide incentives for the re-use of certain categories of protected data for non-commercial purposes, such as scientific research purposes, and by start-ups, SMEs and SMCs in accordance with Union State aid rules. In that regard, public sector bodies may also make the data available at a discounted fee or free of charge, in particular to start- ups, SMEs and SMCs, civil society, research and educational establishments. To that end, public sector bodies may establish a list of categories of re-users to which data or documents for re-use is made available at a discounted fee or free of charge. That list, together with the criteria used to establish it, shall be made public.
Any fees shall be derived from the costs related to conducting the procedure for requests for the re-use of certain categories of protected data and limited to the necessary costs in relation to:
~AmendedUnchanged: (a) and (b)
the reproduction, provision and dissemination of data;
the clearance of rights;
anonymisation or otherdisclosure formscontrol in the case of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];
Unchanged: (d), (e), (4) and (5)
the maintenance of the secure processing environment;
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such re-use.
The criteria and methodology for calculating fees shall be laid down by the Member States and published. The public sector body shall publish a description of the main categories of costs and the rules used for the allocation of costs.
Public sector bodies may charge higher fees than those allowed in accordance with paragraph 2 and 3 of this Article with respect to very large enterprises, based on objective criteria, taking into account 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. Any such calculated fees shall be proportionate. In addition to the elements listed in paragraph 3 of this Article, they can cover the cost of collection and production of the data, together with a reasonable return on investment.
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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
(c)anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3);
Cite this amendment
Amendment 862 (Elena Sancho Murillo 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. 51–52
Link, short form and official text
Amendment 862 (Elena Sancho Murillo 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. 51–52
ITRE–LIBE Amendment 862 (CJ72-AM-791072), p. 51