Amendment 872· Data Act Article 38(3)(a)
+Addition
Text of the amendment
As tabled
Amending instruction
(3a) In Article 38, the following paragraph is added:
Paragraph it would add
Competent authorities shall cooperate early in the process 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.’
Data Act Article 38 with this amendment
Amendment 872 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
‘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 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:
the progress of the proceedings, of the decision taken; and
the judicial remedies provided for in Article 39.
Competent authorities shall cooperate early in the process 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.’
+NewJustification
Requiring competent authorities to cooperate early in the process promotes the swift and effective handling of complaints, reduces procedural delays and facilitates the timely exchange of relevant information before issues become more complex. Early cooperation also helps avoid duplication of efforts, supports coherent enforcement across Member States and contributes to greater legal certainty for consumers and traders, while remaining without prejudice to the cooperation mechanisms established under Regulations (EU) 2016/679 and (EU) 2017/2394.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(a)the progress of the proceedings, of the decision taken; and
Cite this amendment
Amendment 872 (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. 57–58
Link, short form and official text
Amendment 872 (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. 57–58
ITRE–LIBE Amendment 872 (CJ72-AM-791072), p. 57