Amendment 870· Data Act Article 38(3)(b)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(b) the administrative, judicial and non-judicial remedies applicable under national and provided for in Article 39.
Struck CommissionHighlighted amendment
Data Act Article 38 with this amendment
Amendment 870 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:
Unchanged: (a), (b) and (2)
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;
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 administrative, judicial and non-judicial remedies applicable under national and provided for in Article 39.
~Amendedthe judicial remedies provided for in Article 39.
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Justification
This amendment aligns Article 28 with Article 39, which expressly provides that consumers have access to administrative, judicial and non-judicial remedies. To enable consumers to effectively exercise these rights, traders should be required to inform them of all available remedies under applicable national law. Providing complete information enhances transparency, legal certainty and the effective enforcement of consumer rights, while ensuring consistency within the Regulation.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(b)the judicial remedies provided for in Article 39.
Cite this amendment
Amendment 870 (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. 56
Link, short form and official text
Amendment 870 (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. 56
ITRE–LIBE Amendment 870 (CJ72-AM-791072), p. 56