Research

Digital Omnibus tracker

Digital Omnibus proposal

Recital 26c

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

Recital total: 1 part · 3 Council drafts · 1 Parliament amendment

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.

Recital 26c

June Presidency compromise · 10 June

The special provision of the Data Act on the right to lodge a complaint and the right to an effective judicial remedy should not apply to Chapters VIIb and VIIc. It is clarified that this is without prejudice to any rights or obligations stemming from the Charter of Fundamental Rights.

Competing proposals

European Parliament amendments

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

More filters

Additional proposed wording Amendment 209 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE
(26c)

In order to apply differentiated conditions without relying on the place of establishment of an undertaking, the notion of very large enterprise should be defined by reference to effect-based criteria: significant economic power on one or more markets in the digital economy, designation as a gatekeeper or the provision of core platform services, annual worldwide turnover and market capitalisation, and the ability to access, accumulate or aggregate large volumes of data across services or jurisdictions. Such an approach captures market power irrespective of the origin of the undertaking and avoids any discrimination based on nationality.

Justification

An effect-based definition rather than an origin-based one, consistent with Union law and with the criteria already used by Regulation (EU) 2022/1925.