Amendment 61· Data Act Article 38
−Deletion
Text of the amendment
As tabled
Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.
Wording it would delete
19. Article 38 is replaced by the following:
(1) Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant, collectively:
(a) with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights under this Regulation have been infringed;
(b) any matter falling within the scope of this Regulation specifically against a recognised data intermediation services provider or a recognised data altruism organisation, with the relevant competent authority for the registration of data intermediation services or the relevant competent authority for the registration of data altruism organisations.
(2) The data coordinator shall, upon request, provide all the necessary information to natural and legal persons for the lodging of their complaints with the appropriate competent authority.
(3) The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of:
(a) the progress of the proceedings, of the decision taken; and
(b) the judicial remedies provided for in Article 39.’;
Struck CommissionHighlighted amendment
Justification
This amendment re-inserts Article 38(4) of the current Data Act in order to preserve stronger cooperation and information-exchange mechanisms between competent authorities when handling complaints. It improves legal certainty, supports coherent cross-border enforcement and reduces the risk of procedural fragmentation or future disputes.
Target
Cite this amendment
Amendment 61 (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. 48–50
Link, short form and official text
Amendment 61 (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. 48–50
JURI Amendment 61 (JURI-PA-789142), p. 48