Amendment 60· Data Act Article 32r(4)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(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, and may include requirements to contribute financially or otherwise to the sustainability, maintenance, and enrichment of the underlying data infrastructure, provided that such conditions do not restrict or negatively affect re-use by research organisations, non-commercial users, or open knowledge projects.
Struck CommissionHighlighted amendment
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
(4)Public sector bodies and public undertakings 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 and documents, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Cite this amendment
Amendment 60 (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. 48
Link, short form and official text
Amendment 60 (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. 48
JURI Amendment 60 (JURI-PA-789142), p. 48