Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 14

Text

Recital 14 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 14: ST 14756/26, page 9 · exact text page

Protecting trade secrets from those vulnerabilities is essential for European businesses to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified circumstances in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

How the recitals changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 14Council21 May 2026Council10 Jun 2026Rec 14Council18 Jun 2026Rec 14Council3 Sep 2026Rec 14Council2 Oct 2026Rec 14–14aCouncil22 Oct 2026Rec 14–14a
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 14 14 Added In neither text 14 Changed 14 Unchanged 14 Unchanged 14 Changed 14 Unchanged
Recital 14a In neither text In neither text In neither text In neither text In neither text 14a Added 14a 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

13 amendments to this recital

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

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfEESNRapporteur
− Deletion11··1···2
~ Alternative··212211·

By political group

  • − Deletion The Left 1 S&D 1 EPP 1 Rapporteur 2
  • ~ Alternative Greens/EFA 2 Renew 1 EPP 2 ECR 2 PfE 1 ESN 1

Show

  1. 5 Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the recital

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 14
    Document
    JURI draft opinion
    Printed header
    Recital 14
  2. 11 Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the recital

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 14
    Document
    IMCO draft opinion
    Printed header
    Recital 14
  3. 91 Deletion Emil RadevEPP · JURI Deletes the recital

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 14
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 14
  4. 92 Alternative David CormandGreens/EFA · JURI “Such alternatives may include confidentiality agreements, restricted access protocols subject to regular audits, technical measures for data…”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union.Trade secret should not be used as a pretext to deny legitimate access to data. Any refusal of access to data protected by a trade secret must constitute a measure of last resort. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities.Before refusing access, the data holder must offer a viable and secure alternative. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned.This alternative must guarantee legitimate data use while ensuring the non-disclosure of trade secrets. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.Such alternatives may include confidentiality agreements, restricted access protocols subject to regular audits, technical measures for data aggregation or anonymization, technical architectures and standards that preserve confidentiality.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 14
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 14
  5. 145 Alternative David CormandGreens/EFA · IMCO “Such alternatives may include confidentiality agreements, restricted access protocols subject to regular audits, technical measures for data…”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union.Trade secret should not be used as a pretext to deny legitimate access to data. Any refusal of access to data protected by a trade secret must constitute a measure of last resort. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities.Before refusing access, the data holder must offer a viable and secure alternative. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned.This alternative must guarantee legitimate data use while ensuring the non-disclosure of trade secrets. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.Such alternatives may include confidentiality agreements, restricted access protocols subject to regular audits, technical measures for data aggregation or anonymization, technical architectures and standards that preserve confidentiality.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 14
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 14
  6. 146 Alternative Arba KokalariEPP · IMCO “without having to disclose their most invaluable assets”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage without having to disclose their most invaluable assets. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 14
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 14
  7. 147 Alternative Piotr MüllerECR · IMCO “Protecting trade secrets from those vulnerabilities is essential for European businesses to sustain their market position and competitive advantage.…”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industriesbusinesses to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 14
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 14
  8. 150 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    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 14
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 14
  9. 151 Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the recital

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    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 14
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 14
  10. 152 Alternative Tomas Tobé +2EPP · ITRE–LIBE “without having to disclose their most invaluable assets”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage without having to disclose their most invaluable assets. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 14
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 14
  11. 153 Alternative Michael McNamara +4Renew · ITRE–LIBE “have the right to be heard before the competent authority issues its approval or rejection of the data holder’s decision, and”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, have the right to be heard before the competent authority issues its approval or rejection of the data holder’s decision, and may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Digital Omnibus proposal Recital 14
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 14
  12. 154 Alternative Markus BuchheitESN · ITRE–LIBE “and sensitive operational data effectively. Where serious risks exist to confidentiality”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union.Data holders must be able to protect trade secrets and sensitive operational data effectively. Where serious risks exist to confidentiality, integrity, economic substance or technological sovereignty, refusal to share data must be permitted. The objectives of data-driven innovation shall not be interpreted as requiring undertakings to surrender strategically sensitive information. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Tabled by
    Markus Buchheit
    Group
    ESN
    Targets
    Digital Omnibus proposal Recital 14
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 14
  13. 155 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Protecting trade secrets from those vulnerabilities is essential for European industries and businesses to sustain their market position and…”

    (14) Protecting trade secrets from those vulnerabilities is essential for European industries and businesses to sustain their market position and competitive advantage. While data holders may exercise discretion in protecting their trade secrets, refusals to share data should be limited to justified, exceptional circumstances, in order to preserve the objectives of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital economy in the Union. Safeguards against misuse of the refusal mechanism should remain in place, including the data holder’s obligation to demonstrate in a duly substantiated manner that disclosure poses a high risk and to notify competent authorities. This demonstration should be provided in writing without undue delay to the user or third party and proportionate to the case at hand. All parties involved should treat the decision and supporting demonstration as confidential in order to uphold the confidential nature of the trade secrets concerned. Users and third parties, as the case may be, may challenge the data holder’s decision with the competent authority, in court, or through dispute settlement bodies.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Digital Omnibus proposal Recital 14
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 14