Amendment 59· Data Act Article 32r(3)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(3) In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically, and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes.
Struck CommissionHighlighted amendment
Data Act Article 32r with this amendment
Amendment 59 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically, and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes.
~AmendedUnchanged: (4)
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Justification
This amendment preserves the core principles of the open data framework, in particular non-discriminatory re-use and the use of open licences as the default regime. It seeks to avoid fragmentation and legal uncertainty resulting from differentiated licence conditions for certain categories of re-users, while still allowing proportionate contributions from very large enterprises that do not undermine open access, interoperability or public-interest re-use.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Council text of 22 October 2026ST 14756/26
(3)In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
Cite this amendment
Amendment 59 (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. 47
Link, short form and official text
Amendment 59 (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. 47
JURI Amendment 59 (JURI-PA-789142), p. 47