Texts to 22 Oct 2026

Amendment 869· Data Act Article 38 and Article 38(3)

Alternative

Tabled by
Elena Sancho Murillo and 6 others (S&D)Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
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. 55–56·printed header: Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3
Targets
Article 38 and Article 38(3) of the Data Act

Text of the amendment

As tabled

Wordingagainst the Commission’s

(3) The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, in a timely and meaningful manner, of:

Struck CommissionHighlighted amendment

Data Act Article 38 with this amendment

Amendment 869 applied to the Commission proposal, no other amendment

1.

‘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:

Amended
Unchanged: (a), (b) and (2)
(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;

(b)

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.

2.

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.

3.

The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, in a timely and meaningful manner, of:

Amended
(a)

the progress of the proceedings, of the decision taken; and (b) the judicial remedies provided for in Article 39.

Amended
(b)

the judicial remedies provided for in Article 39.

Deleted

Struck removed Highlighted added Full text on the Data Act Article 38 page

Target

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

Data Act Article 38

Commission proposalCOM(2025) 837

(1) 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: (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; (b) 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. (2) 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. (3) The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of: (a) the progress of the proceedings, of the decision taken; and (b) the judicial remedies provided for in Article 39.

Council text of 22 October 2026ST 14756/26

(1) 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:

(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;

(b)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.

(2)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.

(3)The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of:

(a)the progress of the proceedings, of the decision taken; and

(b)the judicial remedies provided for in Article 39.

(4)Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.

(5)This Article shall not apply to Chapters VIIb and VIIc.

Data Act Article 38(3)

Law in forceData Act, Article 38(3)

Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.

Council text of 22 October 2026ST 14756/26

(3)The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of:

(a)the progress of the proceedings, of the decision taken; and

(b)the judicial remedies provided for in Article 39.

Cite this amendment

Amendment 869 (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. 55–56

Link, short form and official text
Reference

Amendment 869 (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. 55–56

Short form

ITRE–LIBE Amendment 869 (CJ72-AM-791072), p. 55

Entry in the source list