Texts to 22 Oct 2026

Amendment 882· Data Act Article 41a

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. 64–65·printed header: Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2
Targets
Article 41a of the Data Act

Text of the amendment

As tabled

Wordingagainst the Commission’s

(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced representation and shall not affect the independence of competent authorities. Such participation shall be organised in a manner that ensures the absence of conflicts of interest and safeguards the independence of the Board. In particular, very large enterprises including undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and other natural or legal persons representing them, including interest organisations including them as members, shall be excluded from participation in the stakeholder component of the Board, without prejudice to their ability to be openly consulted in individual proceedings where appropriate and subject to strict conflict-of-interest safeguards.

Struck CommissionHighlighted amendment

Data Act Article 41a with this amendment

Amendment 882 applied to the Commission proposal, no other amendment

Unchanged: (1)
1.

The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies.

2.

It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced representation and shall not affect the independence of competent authorities. Such participation shall be organised in a manner that ensures the absence of conflicts of interest and safeguards the independence of the Board. In particular, very large enterprises including undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and other natural or legal persons representing them, including interest organisations including them as members, shall be excluded from participation in the stakeholder component of the Board, without prejudice to their ability to be openly consulted in individual proceedings where appropriate and subject to strict conflict-of-interest safeguards.

Amended
Unchanged: (3) and (4)
3.

The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks.

4.

The Commission shall chair the meetings of the European Data Innovation Board.

Full text on the Data Act Article 41a page

Target

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

Commission proposalCOM(2025) 837

Article 41a European Data Innovation Board (1) The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies. (2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. (3) The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks. (4) The Commission shall chair the meetings of the European Data Innovation Board.

Council text of 22 October 2026ST 14756/26

Article 41a European Data Innovation Board (1) The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of strategic discussion for the development of a European data economy and data policies. (2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa of this Regulation and representatives‘ of Member States’ authorities overseeing or competent bodies supporting the implementation of Chapter VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. If a Member State has designated more than one competent authority or competent body, they are represented in the plenary meetings of the Board by the designated data coordinator. Other competent authorities or competent bodies entrusted with specific operational responsibilities for the application and enforcement of this Regulation may participate in the thematic subgroups of the Board relevant for their responsibilities. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. (3) The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks. (4) The Commission shall chair the meetings of the European Data Innovation Board.

Cite this amendment

Amendment 882 (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. 64–65

Link, short form and official text
Reference

Amendment 882 (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. 64–65

Short form

ITRE–LIBE Amendment 882 (CJ72-AM-791072), p. 64

Entry in the source list