Digital Omnibus proposal· Recital 13

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.

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

   Source

   Official text, pages 7–8

   Printed header

   Recital 13

   Links

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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

   Source

   Official text, pages 12–13

   Printed header

   Recital 13

   Links

   Link to this amendment
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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

   Source

   Official text, pages 21–22

   Printed header

   Recital 13

   Links

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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

   Source

   Official text, pages 22–23

   Printed header

   Recital 13

   Links

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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

   Source

   Official text, pages 23–24

   Printed header

   Recital 13

   Links

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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

   Source

   Official text, pages 61–62

   Printed header

   Recital 13

   Links

   Link to this amendment
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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

   Source

   Official text, pages 20–21

   Printed header

   Recital 13

   Links

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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

   Source

   Official text, pages 62–63

   Printed header

   Recital 13

   Links

   Link to this amendment
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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

   Source

   Official text, pages 63–64

   Printed header

   Recital 13

   Links

   Link to this amendment
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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

    Source

    Official text, pages 64–66

    Printed header

    Recital 13

    Links

    Link to this amendment
    Cite this amendment