Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 13

Text

Recital 13 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 13: ST 14756/26, page 8 · exact text page

An insufficient protection of trade secrets and the challenges in enforcing it in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 13Council21 May 2026Council10 Jun 2026Rec 13Council18 Jun 2026Rec 13Council3 Sep 2026Rec 13Council2 Oct 2026Rec 13Council22 Oct 2026Rec 13
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 13 13 Added In neither text 13 Changed 13 Unchanged 13 Unchanged 13 Unchanged 13 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 13a (new).

Parliament amendments

10 amendments to this recital

8 amendments would delete the whole recital: members of The Left, S&D, Greens/EFA and EPP, and the JURI rapporteur and the IMCO rapporteur.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFAEPPNIRapporteur
− Deletion1131·2
~ Alternative···11·

By political group

  • − Deletion The Left 1 S&D 1 Greens/EFA 3 EPP 1 Rapporteur 2
  • ~ Alternative EPP 1 NI 1

Show

  1. 4 Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 13
    Document
    JURI draft opinion
    Printed header
    Recital 13
  2. 10 Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 13
    Document
    IMCO draft opinion
    Printed header
    Recital 13
  3. 88 Deletion David CormandGreens/EFA · JURI Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 13
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 13
  4. 89 Deletion Emil RadevEPP · JURI Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 13
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 13
  5. 90 Alternative Daniel BudaEPP · JURI “particularly SMEs, which lack the developed infrastructures needed to ensure effective protection in this regard”

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses, particularly SMEs, which lack the developed infrastructures needed to ensure effective protection in this regard. The objective is therefore to strengthen the safeguards for trade secrets, especially by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    Tabled by
    Daniel Buda
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 13
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 13
  6. 143 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    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 13
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 13
  7. 144 Deletion David CormandGreens/EFA · IMCO Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 13
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 13
  8. 144 Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    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 13
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 13
  9. 145 Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the recital

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 13
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 13
  10. 146 Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “These measures aim to strike a balance between facilitating access to data and protecting the legitimate interests of data holders, particularly…”

    (13) An insufficient protection of trade secrets and the challenges in enforcing them in third countries may cause irreparable harm to European businesses. The objective is therefore to strengthen the safeguards for trade secrets by preventing their leakage to natural or legal persons that are established in or subject to jurisdictions posing such risks, while respecting the presumption of innocence. This includes Union-based entities controlled by third country entities, who may be acting in bad faith or as fronts for third country entities. Additionally, the objective is to avert direct exposure to third country entities operating within the Union, that are subject to such jurisdictions. Being subject to a third country jurisdiction means the natural or legal person is legally governed, controlled or otherwise bound by the laws or regulatory authority of a third country. Subsidiaries or affiliates of third country parent companies may exploit these jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the ability to exercise decisive or dominant influence over another entity’s management or strategic decisions, whether through ownership of capital or voting rights, financial participation, contractual arrangements, or intermediary entities. Control may be exercised directly or through other means, even without majority ownership. Data holders should use best efforts to obtain the relevant information, which may include searches in public registers or requesting it from the user or third party directly, while ensuring it remains appropriately non-intrusive. These measures aim to strike a balance between facilitating access to data and protecting the legitimate interests of data holders, particularly trade secrets and confidential information of economic value. To this end, Regulation (EU) 2023/2854 establishes a requirement that data must be accessed and shared securely, transparently and proportionately, so that the risks of unauthorised disclosure or misuse are minimised. At the same time, the regulatory framework helps to strengthen the European Union’s strategic autonomy in relation to the data economy, limiting the possibility of sensitive data or trade secrets being transferred or used improperly by entities under the influence of third-country jurisdictions. In this way, the Regulation aims to strengthen businesses’ trust in data sharing mechanisms and to stimulate innovation without compromising the protection of information that is essential to their competitiveness.

    Tabled by
    Diana Iovanovici Şoşoacă
    Group
    NI
    Targets
    Digital Omnibus proposal Recital 13
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 13