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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 10

Text

Recital 10 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 10: ST 14756/26, page 7 · exact text page

Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council ¹⁰, which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 10Council21 May 2026Council10 Jun 2026Rec 10Council18 Jun 2026Rec 10Council3 Sep 2026Rec 10Council2 Oct 2026Rec 10Council22 Oct 2026Rec 10
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 10 10 Added In neither text 10 Changed 10 Unchanged 10 Changed 10 Unchanged 10 Unchanged

Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text

Parliament amendments propose other recitals under these numbers: Recital 10a (new).

Parliament amendments

9 amendments to this recital

1 amendment would delete the whole recital: members of The Left.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFAEPPECRNIRapporteur
− Deletion1······
~ Alternative·121112

By political group

  • − Deletion The Left 1
  • ~ Alternative S&D 1 Greens/EFA 2 EPP 1 ECR 1 NI 1 Rapporteur 2

Show

  1. 1 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their…”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰ , which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 10
    Document
    JURI draft opinion
    Printed header
    Recital 10
  2. 7 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their…”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰ , which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 10
    Document
    IMCO draft opinion
    Printed header
    Recital 10
  3. 81 Alternative David CormandGreens/EFA · JURI “Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their…”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰ , which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 10
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 10
  4. 82 Alternative Emil RadevEPP · JURI “Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their…”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰ , which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 10
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 10
  5. 128 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰, which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

    Justification

    There are no grounds or substantial evidence – whether divulged by the Commission or available in the public domain – to justify the introduction of these measures, which provide much broader and much more subjective scope to refuse data-sharing requests from data subjects or third parties.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Digital Omnibus proposal Recital 10
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 10
  6. 129 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their…”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰ , which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Digital Omnibus proposal Recital 10
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 10
  7. 130 Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “as well as breaches of safeguards relating to fundamental human rights and freedoms”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council ¹⁰, which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty, as well as breaches of safeguards relating to fundamental human rights and freedoms.

    Tabled by
    Diana Iovanovici Şoşoacă
    Group
    NI
    Targets
    Digital Omnibus proposal Recital 10
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 10
  8. 138 Alternative Piotr MüllerECR · IMCO “The disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to…”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰ , which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty. The disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty. The unauthorised transfer of European know-how and trade secrets to such jurisdictions constitutes a risk to the competitiveness of European industry. It is therefore necessary and proportionate to provide data holders with an effective and workable possibility to protect their trade secrets against such risks.

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 10
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 10
  9. 139 Alternative David CormandGreens/EFA · IMCO “Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their…”

    (10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available, including data protected as trade secrets, to users and their selected third parties, provided confidentiality measures established by the data holder are maintained. This requirement of maintaining confidentiality complements Directive (EU) 2016/943 of the European Parliament and of the Council¹⁰ , which sets the standard for protecting trade secrets within the Union. However, disclosure of trade secrets to third-country entities may increase risks to their integrity and confidentiality where there is exposure to jurisdictions with inadequate protections or difficulties in their actual enforcement, potentially resulting in unauthorised use, economic damage and legal uncertainty.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 10
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 10