Digital Omnibus proposal· Recital 26
Text
Recital 26 Digital Omnibus proposal as printed in the Council text of 22 October 2026
Source Council, 22 October 2026. Recital 26: ST 14756/26, page 21 · exact text page
In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector information benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of public sector open data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.
How the recitals changed
Each text against the text before it
| Recital | Commission19 Nov 2025Rec 26 | Council21 May 2026 | Council10 Jun 2026Rec 26–26c | Council18 Jun 2026Rec 26–26c | Council3 Sep 2026Rec 26–26c | Council2 Oct 2026Rec 26–26c | Council22 Oct 2026Rec 26–26c |
|---|---|---|---|---|---|---|---|
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Recital 26 | 26 Added | In neither text | 26 Changed | 26 Unchanged | 26 Changed | 26 Unchanged | 26 Unchanged |
| Recital 26a | In neither text | In neither text | 26a Added | 26a Unchanged | 26a Unchanged | 26a Changed | 26a Unchanged |
| Recital 26b | In neither text | In neither text | 26b Added | 26b Unchanged | 26b Unchanged | 26b Unchanged | 26b Unchanged |
| Recital 26c | In neither text | In neither text | 26c Added | 26c Unchanged | 26c Unchanged | 26c Unchanged | 26c 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 propose other recitals under these numbers: Recital 26a (new), Recital 26b (new), Recital 26c (new) and Recital 26d (new).
Parliament amendments
8 amendments to this recital
1 amendment would delete the whole recital: members of The Left.
| Type | The Left | S&D | ECR | PfE | ESN | NI | Rapporteur |
|---|---|---|---|---|---|---|---|
| − Deletion | 1 | · | · | · | · | · | · |
| ~ Alternative | · | 2 | 2 | 1 | 1 | 1 | 1 |
By political group
- − Deletion The Left 1
- ~ Alternative S&D 2 ECR 2 PfE 1 ESN 1 NI 1 Rapporteur 1
Show
16 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to…”
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises,
and in particularincluding undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Digital Omnibus proposal Recital 26
- Document
- IMCO draft opinion
- Printed header
- Recital 26
109 ~Alternative Victor NegrescuS&D · JURI “across all regions of the Union, including less digitally developed areas, thereby contributing to economic, social and territorial cohesion”
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy across all regions of the Union, including less digitally developed areas, thereby contributing to economic, social and territorial cohesion.
- Tabled by
- Victor Negrescu
- Group
- S&D
- Targets
- Digital Omnibus proposal Recital 26
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 42
- Printed header
- Recital 26
156 ~Alternative Piotr MüllerECR · IMCO “In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to…”
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate predictable and should be based on objective and transparent criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.
- Tabled by
- Piotr Müller
- Group
- ECR
- Targets
- Digital Omnibus proposal Recital 26
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Recital 26
201 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Digital Omnibus proposal Recital 26
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 26
202 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “At the same time, a differentiated system of charges must be applied in such a way as to comply with the principles of transparency, proportionality…”
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy. At the same time, a differentiated system of charges must be applied in such a way as to comply with the principles of transparency, proportionality and non-discrimination so that access to data is not restricted arbitrarily, but reflects the aim of ensuring effective competition in the internal market. Establishing such mechanisms helps to prevent an excessive concentration of competitive advantages in the hands of a small number of economic operators and promotes the development of a balanced digital ecosystem in which small and medium-sized enterprises, start-ups and research organisations have real opportunities to develop innovative, data-driven products and services. Reuse of public-sector data thus becomes a tool to stimulate innovation and competitiveness, in accordance with the aims of the European Data Strategy and the principles of the data economy.
- Tabled by
- Diana Iovanovici Şoşoacă
- Group
- NI
- Targets
- Digital Omnibus proposal Recital 26
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 26
203 ~Alternative Markus BuchheitESN · ITRE–LIBE “Differential treatment on the basis of the size of an undertaking, its market significance or its designation as a gatekeeper shall”
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market.
To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data.Charges and fees for the re-use of public sector data and documents must be transparent, objective, cost-oriented and non-discriminatory. Differential treatment on the basis of the size of an undertaking, its market significance or its designation as a gatekeeper shall be excluded.This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.- Tabled by
- Markus Buchheit
- Group
- ESN
- Targets
- Digital Omnibus proposal Recital 26
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 26
204 ~Alternative Elena Sancho Murillo +7S&D · ITRE–LIBE “In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to…”
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit society and a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises,
and in particularincluding undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of open government data and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Digital Omnibus proposal Recital 26
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 26
205 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to…”
(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s digital market, it is imperative to ensure that access to and reuse of public sector data benefit a wide range of market participants and do not inadvertently reinforce existing dominant positions. Very large enterprises, and in particular undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant power and influence over the internal market. To prevent such entities from leveraging their substantial means to the detriment of fair competition and innovation, public sector bodies should be able to set out higher charges and fees for the re-use of public sector open
governmentdata and protected data. Such higher charges and fees should be proportionate and should be based on objective criteria, taking into consideration the economic power and the entity’s ability to acquire data. This measure serves to safeguard opportunities for smaller businesses and new market entrants to innovate and compete in the digital economy.- 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 26
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 26