Digital Omnibus proposal
Recital 11
Compare the available Commission, Council and Parliament texts and amendments affecting this recital.
Recital total: 1 part · 3 Council drafts · 15 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
The wording proposed by the Commission at the start of this legislative file.
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Recital 11
Commission proposal
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 30 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1). 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.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Recital 11
June Presidency compromise · 10 June
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.
Recital 11
June Presidency compromise · 18 June
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.
Recital 11
September Presidency compromise
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.
Recital 11 3 Council drafts
Recital 11
10 June 2026 · June Presidency compromise · 10 June
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.
Recital 11
18 June 2026 · June Presidency compromise · 18 June
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.
Recital 11
3 September 2026 · September Presidency compromise
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.
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
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Remove proposed wording Amendment 2 JURI draft opinion · Brando Benifei (rapporteur)
Remove proposed wording Amendment 8 IMCO draft opinion · Alex Agius Saliba (rapporteur)
Remove proposed wording Amendment 83 · Emil Radev JURI
Remove proposed wording Amendment 84 · David Cormand JURI
Alternative wording Amendment 85 · Laurence Farreng JURI
(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.
Remove proposed wording Amendment 132 · João Oliveira ITRE · LIBE
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.
Remove proposed wording Amendment 133 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
Alternative wording Amendment 134 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(11) It is necessary to strengthen Regulation (EU) 2023/2854 bystrikes introducinga anbalance additional ground forbetween data holdersaccess torights refuseand the disclosureprotection of tradeconfidential secretsinformation, 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 ofincluding trade secrets.
Alternative wording Amendment 135 · Markus Buchheit ITRE · LIBE
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground forgranting data holders an effective and workable right of protection to refuse the disclosure of trade secrets, supplementingsensitive existing provisions which allow refusal based on theoperational data, holder’stechnical demonstrationspecifications ofand security-relevant know-how where there is 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, unlawful use, or unlawful disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. TheThat newprotective provisionright alsomust coversbe instances where the third country legal frameworkeffective, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcementparticular in practice.situations Suchinvolving risksthird-country highlight the possibility that trade secrets could be acquiredexposure, used, or disclosed in violation of Union law, threatening the integrity and confidentialityexercisable ofwithout tradeexcessive secretsevidential burdens.
Alternative wording Amendment 136 · Diana Iovanovici Şoşoacă ITRE · LIBE
(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.
Alternative wording Amendment 137 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(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 discloseaccess tradeto secretsdata 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.
Alternative wording Amendment 138 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(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.
Remove proposed wording Amendment 140 · David Cormand on behalf of the Verts/ALE Group IMCO
Alternative wording Amendment 141 · Maria Grapini IMCO
(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.
Alternative wording Amendment 142 · Piotr Müller IMCO
(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.
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Recital 11
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
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 discloseaccess tradeto secretsdata 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 30 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1). 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.
RemovedAdded
Both texts in full
European Commission proposal
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 30 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1). 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.
Council Presidency text · ST 10426/26
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.
Recital 11
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
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.
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
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.
Council Presidency text · ST 10677/26
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.
Recital 11
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
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.
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
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.
Council Presidency text · ST 12535/26
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.
Recital 11
Wording reproduced in the amendment → Amendment 132 · ITRE–LIBE amendments 79–250 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 132 · ITRE–LIBE amendments 79–250 to the draft report: removal
This wording is removed.
Recital 11
Wording reproduced in the amendment → Amendment 133 · ITRE–LIBE amendments 79–250 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 133 · ITRE–LIBE amendments 79–250 to the draft report: removal
This wording is removed.
Recital 11
Wording reproduced in the amendment → Amendment 134 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(11) It is necessary to strengthen Regulation (EU) 2023/2854 bystrikes introducinga anbalance additional ground forbetween data holdersaccess torights refuseand the disclosureprotection of tradeconfidential secretsinformation, 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 ofincluding trade secrets.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 134 · ITRE–LIBE amendments 79–250 to the draft report
(11) Regulation (EU) 2023/2854 strikes a balance between data access rights and the protection of confidential information, including trade secrets.
Recital 11
Wording reproduced in the amendment → Amendment 135 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional ground forgranting data holders an effective and workable right of protection to refuse the disclosure of trade secrets, supplementingsensitive existing provisions which allow refusal based on theoperational data, holder’stechnical demonstrationspecifications ofand security-relevant know-how where there is 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, unlawful use, or unlawful disclosure to entities subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks than the applicable Union rules. TheThat newprotective provisionright alsomust coversbe instances where the third country legal frameworkeffective, in theory, is robust or exceeds such Union rules, but lacks appropriate enforcementparticular in practice.situations Suchinvolving risksthird-country highlight the possibility that trade secrets could be acquiredexposure, used, or disclosed in violation of Union law, threatening the integrity and confidentialityexercisable ofwithout tradeexcessive secretsevidential burdens.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 135 · ITRE–LIBE amendments 79–250 to the draft report
(11) 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. That protective right must be effective, in particular in situations involving third-country exposure, and exercisable without excessive evidential burdens.
Recital 11
Wording reproduced in the amendment → Amendment 136 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(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.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 136 · ITRE–LIBE amendments 79–250 to the draft report
(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.
Recital 11
Wording reproduced in the amendment → Amendment 137 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(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 discloseaccess tradeto secretsdata 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.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 137 · ITRE–LIBE amendments 79–250 to the draft report
(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 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.
Recital 11
Wording reproduced in the amendment → Amendment 138 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(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.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 138 · ITRE–LIBE amendments 79–250 to the draft report
(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.
Recital 11
Wording reproduced in the amendment → Amendment 140 · IMCO amendments 125–328 to the draft opinion: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 140 · IMCO amendments 125–328 to the draft opinion: removal
This wording is removed.
Recital 11
Wording reproduced in the amendment → Amendment 141 · IMCO amendments 125–328 to the draft opinion
Changes in context
(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.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 141 · IMCO amendments 125–328 to the draft opinion
(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.
Recital 11
Wording reproduced in the amendment → Amendment 142 · IMCO amendments 125–328 to the draft opinion
Changes in context
(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.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 142 · IMCO amendments 125–328 to the draft opinion
(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.
Recital 11
Wording reproduced in the amendment → Amendment 8 · IMCO draft opinion · Alex Agius Saliba (rapporteur): removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 8 · IMCO draft opinion · Alex Agius Saliba (rapporteur): removal
This wording is removed.
Recital 11
Wording reproduced in the amendment → Amendment 83 · JURI amendments 69–296 to the draft opinion: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 83 · JURI amendments 69–296 to the draft opinion: removal
This wording is removed.
Recital 11
Wording reproduced in the amendment → Amendment 84 · JURI amendments 69–296 to the draft opinion: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 84 · JURI amendments 69–296 to the draft opinion: removal
This wording is removed.
Recital 11
Wording reproduced in the amendment → Amendment 85 · JURI amendments 69–296 to the draft opinion
Changes in context
(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.
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 85 · JURI amendments 69–296 to the draft opinion
(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. 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.
Recital 11
Wording reproduced in the amendment → Amendment 2 · JURI draft opinion · Brando Benifei (rapporteur): removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(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.
Amendment 2 · JURI draft opinion · Brando Benifei (rapporteur): removal
This wording is removed.