Digital Omnibus proposal· Recital 11
Text
Recital 11 Digital Omnibus proposal as printed in the Council text of 22 October 2026
Source Council, 22 October 2026. Recital 11: ST 14756/26, page 7 · exact text page
It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse access to data where such access could lead to the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a likelihood of serious economic damage. Under the new provision, data holders may refuse a request to access to data if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.
How the recital changed
Each text against the text before it
| Recital | Commission19 Nov 2025Rec 11 | Council21 May 2026 | Council10 Jun 2026Rec 11 | Council18 Jun 2026Rec 11 | Council3 Sep 2026Rec 11 | Council2 Oct 2026Rec 11 | Council22 Oct 2026Rec 11 |
|---|---|---|---|---|---|---|---|
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Recital 11 | 11 Added | In neither text | 11 Changed | 11 Unchanged | 11 Unchanged | 11 Unchanged | 11 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
15 amendments to this recital
7 amendments would delete the whole recital: members of The Left, S&D, Greens/EFA and EPP, and the JURI rapporteur and the IMCO rapporteur.
| Type | The Left | S&D | Greens/EFA | Renew | EPP | ECR | PfE | ESN | NI | Rapporteur |
|---|---|---|---|---|---|---|---|---|---|---|
| − Deletion | 1 | 1 | 2 | · | 1 | · | · | · | · | 2 |
| ~ Alternative | · | 1 | 1 | 2 | · | 2 | 1 | 1 | 1 | · |
By political group
- − Deletion The Left 1 S&D 1 Greens/EFA 2 EPP 1 Rapporteur 2
- ~ Alternative S&D 1 Greens/EFA 1 Renew 2 ECR 2 PfE 1 ESN 1 NI 1
Show
2 −Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the recital
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- Rapporteur
- Brando Benifei
- Group
- Rapporteur
- Targets
- Digital Omnibus proposal Recital 11
- Document
- JURI draft opinion
- Source
- Official text, page 6
- Printed header
- Recital 11
8 −Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the recital
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Digital Omnibus proposal Recital 11
- Document
- IMCO draft opinion
- Printed header
- Recital 11
83 −Deletion Emil RadevEPP · JURI Deletes the recital
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Digital Omnibus proposal Recital 11
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Recital 11
84 −Deletion David CormandGreens/EFA · JURI Deletes the recital
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Digital Omnibus proposal Recital 11
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Recital 11
85 ~Alternative Laurence FarrengRenew · JURI “However, data holders should first propose specific technical and organisational measures to preserve the confidentiality of the trade secrets and…”
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data
holder’sholder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. However, data holders should first propose specific technical and organisational measures to preserve the confidentiality of the trade secrets and engage in good faith negotiations with users to reach agreement on such measures. Refusal should only occur if no mutually acceptable measures can be agreed. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Safeguards against abusive use of this ground must be maintained. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Digital Omnibus proposal Recital 11
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Recital 11
132 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.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 11
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 11
133 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the recital
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- 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 11
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 11
134 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Regulation (EU) 2023/2854 strikes a balance between data access rights and the protection of confidential information, including trade secrets.”
(11)
It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.Regulation (EU) 2023/2854 strikes a balance between data access rights and the protection of confidential information, including trade secrets.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Digital Omnibus proposal Recital 11
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 11
135 ~Alternative Markus BuchheitESN · ITRE–LIBE “an effective and workable right of protection”
(11)
It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules.It is necessary to strengthen Regulation (EU) 2023/2854 by granting data holders an effective and workable right of protection to refuse disclosure of trade secrets, sensitive operational data, technical specifications and security-relevant know-how where there is a serious risk of unlawful acquisition, unlawful use or unlawful disclosure.The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.That protective right must be effective, in particular in situations involving third-country exposure, and exercisable without excessive evidential burdens.- Tabled by
- Markus Buchheit
- Group
- ESN
- Targets
- Digital Omnibus proposal Recital 11
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Source
- Official text, page 54
- Printed header
- Recital 11
136 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “and safeguards relating to fundamental human rights and freedoms”
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets and safeguards relating to fundamental human rights and freedoms.
- Tabled by
- Diana Iovanovici Şoşoacă
- Group
- NI
- Targets
- Digital Omnibus proposal Recital 11
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 11
Show 5 more amendments
137 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “access to data where such access could lead to”
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse access to data where such access could lead to the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse a request to
discloseaccesstradetosecretsdata if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Digital Omnibus proposal Recital 11
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 11
138 ~Alternative Michael McNamara +4Renew · ITRE–LIBE “It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade…”
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders in high-risk sectors may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.
- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Digital Omnibus proposal Recital 11
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 11
140 −Deletion David CormandGreens/EFA · IMCO Deletes the recital
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets.- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Digital Omnibus proposal Recital 11
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Recital 11
141 ~Alternative Maria GrapiniS&D · IMCO “Data that contain trade secrets or whose disclosure could enable a trade secret to be deduced should be exempted from the obligations to make data…”
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets. Data that contain trade secrets or whose disclosure could enable a trade secret to be deduced should be exempted from the obligations to make data available or transfer data laid down in this Regulation, in order to ensure an adequate level of trade secret protection.
- Tabled by
- Maria Grapini
- Group
- S&D
- Targets
- Digital Omnibus proposal Recital 11
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Recital 11
142 ~Alternative Piotr MüllerECR · IMCO “and, where strategic data are concerned, the Union’s economic security”
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground for data holders to refuse the access to data where such access could lead to the disclosure of trade secrets, supplementing existing provisions which allow refusal based on the data holder’s demonstration of a high likelihood of serious economic damage. Under the new provision, data holders may refuse to disclose trade secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. The new provision also covers instances where the third country legal framework, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcement in practice. Such risks highlight the possibility that trade secrets could be acquired, used, or disclosed in violation of Union law, threatening the integrity and confidentiality of trade secrets and, where strategic data are concerned, the Union’s economic security.
- Tabled by
- Piotr Müller
- Group
- ECR
- Targets
- Digital Omnibus proposal Recital 11
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Recital 11