Amendment 868· Data Act Article 38(1)(a)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(a) with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights or obligations under this Regulation have been infringed;
Struck CommissionHighlighted amendment
Data Act Article 38 with this amendment
Amendment 868 applied to the Commission proposal, no other amendment
‘Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant, collectively:
with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights or obligations under this Regulation have been infringed;
~AmendedUnchanged: (b) and (2)
any matter falling within the scope of this Regulation specifically against a recognised data intermediation services provider or a recognised data altruism organisation, with the relevant competent authority for the registration of data intermediation services or the relevant competent authority for the registration of data altruism organisations.
The data coordinator shall, upon request, provide all the necessary information to natural and legal persons for the lodging of their complaints with the appropriate competent authority.
The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of:
~Amendedthe progress of the proceedings, of the decision taken; and (b) the judicial remedies provided for in Article 39.
~Amendedthe judicial remedies provided for in Article 39.
Struck removed Highlighted added Full text on the Data Act Article 38 page
Justification
Important to ensure users can bring complaints if a data holder infringe their obligations affecting them
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(a)with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights under this Regulation have been infringed;
Cite this amendment
Amendment 868 (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), p. 55
Link, short form and official text
Amendment 868 (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), p. 55
ITRE–LIBE Amendment 868 (CJ72-AM-791072), p. 55