Amendment 33· Data Act Article 19(1)(c)
~Alternative
Text of the amendment
As tabled
Amending instructionagainst the Commission’s
(aa) in paragraph 1, point (c) is replaced by the following:
Point (c) as it would readagainst the Commission’s
(c) erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and individuals or organisations that received the data pursuant to Article 21(1) without undue delay that the data have been erased, unless archiving of the data is required in accordance with Union or national law on public access to documentsinformation in the context of transparency obligations.’;
Struck CommissionHighlighted amendment
Data Act Article 19 with this amendment
Amendment 33 applied to the Commission proposal, no other amendment
A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 15a shall:
~AmendedUnchanged: (a) and (b)
not use the data in a manner incompatible with the purpose for which they were requested;
have implemented technical and organisational measures that preserve the confidentiality and integrity of the requested data and the security of the data transfers, in particular personal data, and safeguard the rights and freedoms of data subjects;
erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and individuals or organisations that received the data pursuant to Article 21(1) without undue delay that the data have been erased, unless archiving of the data is required in accordance with Union or national law on public access to documentsinformation in the context of transparency obligations.’;
Unchanged: (2), (3) and (4)
A public sector body, the Commission, the European Central Bank, a Union body or a third party receiving data under this Chapter shall not:
use the data or insights about the economic situation, assets and production or operation methods of the data holder to develop or enhance a connected product or related service that competes with the connected product or related service of the data holder;
share the data with another third party for any of the purposes referred to in point (a).
Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
A public sector body, the Commission, the European Central Bank or a Union body shall be responsible for the security of the data it receives.
Struck removed Highlighted added Full text on the Data Act Article 19 page
Justification
This amendment clarifies the relationship between data deletion obligations and existing Union or national rules on transparency and public access to information. It helps ensure legal certainty for public authorities while preserving the principle that data should be erased once no longer necessary for the stated purpose.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceData Act, Article 19(1)(c)
erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and individuals or organisations that received the data pursuant to Article 21(1) without undue delay that the data have been erased, unless archiving of the data is required in accordance with Union or national law on public access to documents in the context of transparency obligations.
No Council text amends Article 19(1)(c).
Cite this amendment
Amendment 33 (draft opinion by Brando Benifei), European Parliament, Committee on Legal Affairs, draft opinion on COM(2025) 837 (JURI-PA-789142, PE789.142v01-00, 5 June 2026), pp. 31–32
Link, short form and official text
Amendment 33 (draft opinion by Brando Benifei), European Parliament, Committee on Legal Affairs, draft opinion on COM(2025) 837 (JURI-PA-789142, PE789.142v01-00, 5 June 2026), pp. 31–32
JURI Amendment 33 (JURI-PA-789142), p. 31