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Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 15

Text

Recital 15 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 15: ST 14756/26, page 10 · pp. 10–11 · exact text page

To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, ensures that the obligations laid down in that Chapter are invoked only in well-defined, urgent situations, which are unforeseeable and limited in time, reducing the technical, administrative and legal challenges that businesses faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, or supporting the recovery from public emergencies. While ‘responding to’ a public emergency presupposes an ongoing public emergency, which has been determined or officially declared in accordance with the relevant procedures under Union or national law, ‘supporting the recovery from’ a public emergency covers measures undertaken after the public emergency has been determined or officially declared over. The third alternative of ‘mitigating’ a public emergency under Regulation (EU) 2023/2854 should be deleted because it is already covered by the notion of ‘responding to’ public emergencies. Given that the scope of Chapter V is narrowed substantially and to simplify the request mechanism, a body requesting data to ‘support the recovery from’ a public emergency should not be obligated anymore to exhaust all other means at its disposal to obtain such data before launching the request, such as purchasing the non-personal data on the market by offering market rates. Instead, it should be sufficient that the requesting body was unable to otherwise obtain the data in a timely and effective manner and under equivalent conditions. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness when the production of official statistics is required to respond to or support the recovery from a public emergency. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to respond to a public emergency, in which case such enterprises are allowed to claim compensation.

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 15Council21 May 2026Council10 Jun 2026Rec 15Council18 Jun 2026Rec 15Council3 Sep 2026Rec 15Council2 Oct 2026Rec 15Council22 Oct 2026Rec 15
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 15 15 Added In neither text 15 Changed 15 Unchanged 15 Changed 15 Unchanged 15 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

9 amendments to this recital

3 amendments would delete the whole recital: members of Greens/EFA and Renew, and the JURI rapporteur.

By political group; co-sponsored amendments count for each group
TypeGreens/EFARenewEPPECRPfEESNNIRapporteur
− Deletion11·····1
~ Alternative··22111·

By political group

  • − Deletion Greens/EFA 1 Renew 1 Rapporteur 1
  • ~ Alternative EPP 2 ECR 2 PfE 1 ESN 1 NI 1

Show

  1. 6 Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the recital

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 15
    Document
    JURI draft opinion
    Printed header
    Recital 15
  2. 93 Deletion Laurence FarrengRenew · JURI Deletes the recital

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation.

    Tabled by
    Laurence Farreng
    Group
    Renew
    Targets
    Digital Omnibus proposal Recital 15
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 15
  3. 94 Deletion David CormandGreens/EFA · JURI Deletes the recital

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 15
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 15
  4. 95 Alternative Daniel BudaEPP · JURI “and proportionately justified”

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities and overlaps in texts that previously imposed broader obligations on businesses, including SMEs, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, and proportionately justified urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant in terms of justification and proportionate to responding, mitigating, or supporting therapid recovery from public emergencies. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity, simplification and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation as soon as possible.

    Tabled by
    Daniel Buda
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 15
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 15
  5. 148 Alternative Piotr MüllerECR · IMCO “and remain strictly limited to what is necessary to address the ongoing public emergency”

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies and remain strictly limited to what is necessary to address the ongoing public emergency. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation.

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 15
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 15
  6. 156 Alternative Julie Rechagneux +8ECR, PfE · ITRE–LIBE “A high risk to cybersecurity, or to the economic security of the data holder, should equally constitute a ground for refusal. The condition of…”

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies. A high risk to cybersecurity, or to the economic security of the data holder, should equally constitute a ground for refusal. The condition of exceptional circumstances, and the requirement to demonstrate a high likelihood of serious economic damage, should not be interpreted so restrictively as to render the refusal mechanism ineffective in practice. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Digital Omnibus proposal Recital 15
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 15
  7. 157 Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “and to compensate individuals who have suffered harm”

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation and to compensate individuals who have suffered harm.

    Tabled by
    Diana Iovanovici Şoşoacă
    Group
    NI
    Targets
    Digital Omnibus proposal Recital 15
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 15
  8. 158 Alternative Markus BuchheitESN · ITRE–LIBE “data should be excluded from such requests. Public authorities may request data from private undertakings only where no equivalent State-held…”

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’.In order to strengthen the protection of undertakings, operational data and trade secrets, the scope of Chapter V of that Regulation should be strictly limited to narrowly defined, time-limited and immediately life- or security-relevant national emergencies. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime.Personal data should be excluded from such requests. Public authorities may request data from private undertakings only where no equivalent State-held information sources are available and where the request is indispensable for the immediate handling of the danger. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises and small enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed to claim compensation.

    Tabled by
    Markus Buchheit
    Group
    ESN
    Targets
    Digital Omnibus proposal Recital 15
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 15
  9. 159 Alternative Jörgen Warborn +1EPP · ITRE–LIBE “To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed…”

    (15) To simplify the business-to-government data sharing framework under Regulation (EU) 2023/2854 and to clarify ambiguities that previously imposed broader obligations on businesses, it is necessary to narrow the scope of Chapter V of that Regulation from ‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the obligations laid down in that Chapter are invoked only under well-defined, urgent situations, reducing the technical, administrative and legal challenges that business faced under the previous regime. This would ensure that data requests are relevant and proportionate to responding, mitigating, or supporting the recovery from public emergencies. Since the updated Union framework on European statistics under Regulation (EC) No 223/2009 of the European Parliament and of the Council¹¹ does not address public emergencies, it is essential to preserve the role of official statistics under Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such situations. It is also necessary to clarify the compensation regime for situations where microenterprises, small enterprises and smallmedium-sized enterprises are required to provide data to address a public emergency, in which case such enterprises are allowed and entitled to claim fair compensation.

    Tabled by
    Jörgen Warborn, Arba Kokalari
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 15
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 15