Recital 13a (new)

3 would add wording.

1. 147 +Addition Dario NardellaS&D · ITRE–LIBE “Data generated through the use of connected products used in primary economic activities, such as agriculture, forestry, fisheries and aquaculture…” numbered 13a

   (13a)Data generated through the use of connected products used in primary economic activities, such as agriculture, forestry, fisheries and aquaculture, simultaneously reflect the technical functioning of the product and the economic activity of the user. In the former respect, they may contain elements covered by the trade secrecy of the manufacturer or the service provider; in the latter respect, they constitute competitively sensitive information for the user, in that they reveal, among other things, processing times, quantities of inputs used, the geolocation of production units, actual yields and other operating parameters. The mechanism for refusing to share data protected as trade secrets with third-country entities, provided for in Articles 4(8) and 5(11) of Regulation (EU) 2023/2854, as amended by this Regulation, should ensure that both aspects are protected. To that end, where a request for access concerns data that reflect the user’s economic activity, the data holder shall inform the user in advance of the request received and of the action it intends to take; the user shall have the right to request the triggering of the refusal mechanism in respect of the data relating to that user. The distinction between the technical dimension of the product and the dimension relating to the user’s economic activity may be the subject of guidance from the Commission, adopted after consulting organisations representing users in the relevant sectors.

   Justification

   Il considerando riconosce la natura duale dei dati generati da prodotti connessi impiegati nelle attività economiche primarie e stabilisce il principio secondo cui il meccanismo di rifiuto della condivisione verso paesi terzi tutela sia il fabbricante sia l’utente. Non altera la struttura fondamentale del regolamento (UE) 2023/2854 sulla titolarità dei dati (detentore dei dati - utente - terza parte), ma vincola l’esercizio del meccanismo di rifiuto a un obbligo informativo verso l’utente e riconosce a quest’ultimo la facoltà di richiedere l’attivazione del meccanismo per la parte di dati che riflettono la propria attività economica. Il considerando costituisce il fondamento interpretativo delle modifiche all’articolo 4, paragrafo 8, e all’articolo 5, paragrafo 11, introdotte dagli Emendamenti 6 e 7.

   Tabled by

   Dario Nardella

   Group

   S&D

   Targets

   Digital Omnibus proposal Recital 13a (new)

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 66–67

   Printed header

   Recital 13 a (new)

   Links

   Link to this amendment
   Cite this amendment

2. 148 +Addition Paolo Inselvini +1ECR · ITRE–LIBE “Data generated through the use of connected products used in primary economic activities, such as agriculture, forestry, fisheries and aquaculture…” numbered 13a

   (13a)Data generated through the use of connected products used in primary economic activities, such as agriculture, forestry, fisheries and aquaculture, simultaneously reflect the technical functioning of the product and the economic activity of the user. In the former respect, they may contain elements covered by the trade secrecy of the manufacturer or the service provider; in the latter respect, they constitute competitively sensitive information for the user, in that they reveal, among other things, processing times, quantities of inputs used, the geolocation of production units, actual yields and other operating parameters. The mechanism for refusing to share data protected as trade secrets with third-country entities, provided for in Articles 4(8) and 5(11) of Regulation (EU) 2023/2854, as amended by this Regulation, should ensure that both aspects are protected. To that end, where a request for access concerns data that reflect the user’s economic activity, the data holder shall inform the user in advance of the request received and of the action it intends to take; the user shall have the right to request the triggering of the refusal mechanism in respect of the data relating to that user. The distinction between the technical dimension of the product and the dimension relating to the user’s economic activity may be the subject of guidance from the Commission, adopted after consulting organisations representing users in the relevant sectors.

   Tabled by

   Paolo Inselvini, Francesco Torselli

   Group

   ECR

   Targets

   Digital Omnibus proposal Recital 13a (new)

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 67–68

   Printed header

   Recital 13 a (new)

   Links

   Link to this amendment
   Cite this amendment

3. 149 +Addition Bart Groothuis +7Renew · ITRE–LIBE “Data which has undergone processing, transformation or aggregation involving the application of proprietary analytics, algorithms, or domain…” numbered 13a

   (13a)Data which has undergone processing, transformation or aggregation involving the application of proprietary analytics, algorithms, or domain knowledge fall within the scope of data that may qualify for trade secret protection under Articles 4(6)-(8).

   Tabled by

   Bart Groothuis, Ivars Ijabs, Morten Løkkegaard, Nikola Minchev, Svenja Hahn, Andreas Glück, João Cotrim De Figueiredo, Ana Vasconcelos

   Group

   Renew

   Targets

   Digital Omnibus proposal Recital 13a (new)

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, page 68

   Printed header

   Recital 13 a (new)

   Links

   Link to this amendment
   Cite this amendment