Amendment 878· Data Act Article 40(6a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
6b. In Article 40, the following paragraph 6a is inserted:
Paragraph 6a it would add
For infringements of the obligations laid down in Chapter VIIc, the competent authorities responsible for monitoring the application of that Chapter may, within their scope of competence, impose administrative fines in accordance with national law. The rules on penalties referred to in paragraph 1 shall apply, in particular, to:
(a)the re-use of data or documents in breach of lawfully imposed conditions or for purposes other than those authorised;
(b)the unlawful transfer or onward transfer of data or documents to a third country, or failure to comply with the related information, notification, transparency or safeguard requirements;
(c)failure to comply with obligations protecting intellectual property rights, trade secrets, statistical or commercial confidentiality or other protected data;
(d)the conclusion, maintenance or performance of an exclusivity arrangement prohibited by, or incompatible with, Chapter VIIc;
(e)the intentional or negligent provision of materially inaccurate, incomplete or misleading information in order to obtain a right of re-use;
(f)failure to delete or return data or documents, or to cease their use or re-use, where the applicable conditions are no longer met.
In addition to administrative fines, the competent authorities may, in accordance with national law and where necessary and proportionate, suspend or withdraw the right of re-use, temporarily prohibit new requests for re-use, or order the cessation, deletion or return of the data or documents concerned. When determining the type and level of penalties or other measures, the competent authorities shall take into account the criteria set out in paragraph 3 and, where relevant, the intentional or negligent character of the infringement, any transfer to a third country, the sensitive or strategic nature of the data or documents concerned, and any adverse impact on public or economic security, critical infrastructure, essential services or the essential interests of a Member State.
7.When applying paragraph 6 to microenterprises and small and medium-sized enterprises, the competent authorities shall take into account their size, economic capacity and any corrective measures taken without undue delay. This shall not preclude effective, proportionate and dissuasive penalties for intentional, repeated or serious infringements.'
Data Act Article 40 with this amendment
Amendment 878 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4), (5) and (6)
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Member States shall by 12 September 2025 notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. The Commission shall regularly update and maintain an easily accessible public register of those measures.
Member States shall take into account the recommendations of the EDIB and the following non-exhaustive criteria for the imposition of penalties for infringements of this Regulation:
the nature, gravity, scale and duration of the infringement;
any action taken by the infringing party to mitigate or remedy the damage caused by the infringement;
any previous infringements by the infringing party;
the financial benefits gained or losses avoided by the infringing party due to the infringement, insofar as such benefits or losses can be reliably established;
any other aggravating or mitigating factor applicable to the circumstances of the case;
infringing party’s annual turnover in the preceding financial year in the Union.
For infringements of the obligations laid down in Chapter II, III and V of this Regulation, the supervisory authorities responsible for monitoring the application of Regulation (EU) 2016/679 may within their scope of competence impose administrative fines in accordance with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.
For infringements of the obligations laid down in Chapter V of this Regulation, the European Data Protection Supervisor may impose within its scope of competence administrative fines in accordance with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66(3) of that Regulation.
This Article shall not apply to Chapter VIIc.
For infringements of the obligations laid down in Chapter VIIc, the competent authorities responsible for monitoring the application of that Chapter may, within their scope of competence, impose administrative fines in accordance with national law. The rules on penalties referred to in paragraph 1 shall apply, in particular, to:
+Newthe re-use of data or documents in breach of lawfully imposed conditions or for purposes other than those authorised;
+Newthe unlawful transfer or onward transfer of data or documents to a third country, or failure to comply with the related information, notification, transparency or safeguard requirements;
+Newfailure to comply with obligations protecting intellectual property rights, trade secrets, statistical or commercial confidentiality or other protected data;
+Newthe conclusion, maintenance or performance of an exclusivity arrangement prohibited by, or incompatible with, Chapter VIIc;
+Newthe intentional or negligent provision of materially inaccurate, incomplete or misleading information in order to obtain a right of re-use;
+Newfailure to delete or return data or documents, or to cease their use or re-use, where the applicable conditions are no longer met.
+NewIn addition to administrative fines, the competent authorities may, in accordance with national law and where necessary and proportionate, suspend or withdraw the right of re-use, temporarily prohibit new requests for re-use, or order the cessation, deletion or return of the data or documents concerned. When determining the type and level of penalties or other measures, the competent authorities shall take into account the criteria set out in paragraph 3 and, where relevant, the intentional or negligent character of the infringement, any transfer to a third country, the sensitive or strategic nature of the data or documents concerned, and any adverse impact on public or economic security, critical infrastructure, essential services or the essential interests of a Member State.
When applying paragraph 6 to microenterprises and small and medium-sized enterprises, the competent authorities shall take into account their size, economic capacity and any corrective measures taken without undue delay. This shall not preclude effective, proportionate and dissuasive penalties for intentional, repeated or serious infringements.'
+NewTarget
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 40(6a) (new).
Cite this amendment
Amendment 878 (Julie Rechagneux 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. 61–63
Link, short form and official text
Amendment 878 (Julie Rechagneux 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. 61–63
ITRE–LIBE Amendment 878 (CJ72-AM-791072), p. 61