Amendment 43· Data Act Article 32c(1)(ea) (new)
+Addition
Text of the amendment
As tabled
Wording it would add
(ea)the data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject;
Data Act Article 32c with this amendment
Amendment 43 applied to the Commission proposal, no other amendment
In order to qualify for registration in the public Union register referred to in Article 32a paragraph 1 point (a), a data intermediation services provider shall meet all of the following requirements:
Unchanged: (a), (b), (c), (d) and (e)
they do not use the data for which it provides data intermediation services for purposes other than to put them at the disposal of data users;
the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service;
where they offer additional tools and services to data holders or data subjects for the specific purpose of facilitating the exchange of data, such as temporary storage, curation, conversion, encryption, anonymisation and pseudonymisation, such tools and services are used only at the explicit request or approval of the data holder or data subject;
where data intermediation service providers which are not micro and small sized enterprises offer value-added services to their clients other than the services referred to in point (c), they fulfil the following conditions:
the value-added services are explicitly requested by the user;
the data are not used for other purposes than performing the value-added service;
the value-added services are offered through a functionally separate entity;
the undertaking seeking to offer the value-added services is not designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;
the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user are not dependent upon whether the data holder or data user uses value-added services provided by the data intermediation services provider or by a related entity;
the data intermediation services provider offering services to data subjects acts in the data subjects’ best interest where it facilitates the exercise of their rights, in particular by informing and, where appropriate, advising data subjects in a concise, transparent, intelligible and easily accessible manner about intended data uses by data users and standard terms and conditions attached to such uses before data subjects give consent.
the data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject;
+NewJustification
This amendment strengthens the neutrality and trustworthiness of data intermediation services by prohibiting the secondary commercial exploitation of data made available through such services. It helps ensure that data intermediation providers act solely as neutral facilitators and not as entities monetising or repurposing shared data for their own commercial interests.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 32c(1)(ea) (new).
Cite this amendment
Amendment 43 (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), p. 38
Link, short form and official text
Amendment 43 (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), p. 38
JURI Amendment 43 (JURI-PA-789142), p. 38