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Digital Omnibus tracker

Digital Omnibus proposal

Recital 24d

Compare the available Commission, Council and Parliament texts and amendments affecting this recital.

Recital total: 1 part · 0 Council drafts · 2 Parliament amendments

Source notes (1)
  • No Commission counterpart is printed for this Parliament-proposed recital.

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

The wording proposed by the Commission at the start of this legislative file.

No standalone Commission wording is mapped to these tracked parts. A newly proposed provision may have no earlier text of its own.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

No Council wording is mapped to these tracked parts.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Additional proposed wording Amendment 192 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(24d)

The re-use of protected data held by public sector bodies involves data whose disclosure may cause serious harm to individuals and to undertakings. A specific administrative liability regime should therefore apply to Chapter VIIc, laying down the powers of the competent bodies, the conditions under which access to a secure processing environment may be suspended or withdrawn, the consequences of an attempted re-identification or of an unlawful transfer, and the remedies available to re-users. Competent bodies should remain national, in accordance with the principle of subsidiarity.

Justification

The consolidation of the DGA and Open Data regimes leaves the enforcement regime for the re-use of protected data undefined. A specific administrative liability regime is required, failing which the safeguards attached to secure processing environments would be unenforceable.

Additional proposed wording Amendment 193 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
(24d)

Such asymmetries may result in structural dependencies affecting access to and use of data within digital ecosystems, and should therefore be reflected in the assessment of undertakings whose position in data markets is characterised by both scale and reuse capability.