Amendment 874· Data Act Article 38a (new)
+Addition
Text of the amendment
As tabled
Amending instruction
19a. After Article 38, the following Article is inserted:
Article it would add
'Article 38a
Representation
Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, users shall have the right to mandate a body, organisation or association to exercise the rights conferred by this Regulation on their behalf, provided the body, organisation or association meets all of the following conditions:
(a)It operates on a not-for-profit basis;
(b)It has been properly constituted in accordance with the law of a Member State;
(c)Its statutory objectives include a legitimate interest in ensuring that this Regulation is complied with.
Data Act Article 38a with this amendment
Amendment 874 applied to the Commission proposal, no other amendment
Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, users shall have the right to mandate a body, organisation or association to exercise the rights conferred by this Regulation on their behalf, provided the body, organisation or association meets all of the following conditions: (a) It operates on a not-for-profit basis; (b) It has been properly constituted in accordance with the law of a Member State; (c) Its statutory objectives include a legitimate interest in ensuring that this Regulation is complied with.
Justification
This amendment is inspired by Article 86 of the Digital Services Act and aims to encourage the effective exercise of rights by users, as evidence shows that available redress mechanisms are often underused. Introducing an incentive to make these mechanisms more accessible and visible is expected to increase their practical effectiveness. The amendment benefits both consumers and businesses, including SMEs, by facilitating the early resolution of disputes, reducing unnecessary litigation and fostering greater trust and legal certainty in the internal market.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 38a (new).
Cite this amendment
Amendment 874 (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. 59
Link, short form and official text
Amendment 874 (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. 59
ITRE–LIBE Amendment 874 (CJ72-AM-791072), p. 59