Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 7

Text

Recital 7 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 7: ST 14756/26, page 5 · exact text page

Regulation (EU) 2022/868 of the European Parliament and of the Council⁷ has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council⁸. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council⁹ on guidance on the processing of personal data in the context of scientific research.

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 7Council21 May 2026Council10 Jun 2026Rec 7Council18 Jun 2026Rec 7Council3 Sep 2026Rec 7Council2 Oct 2026Rec 7Council22 Oct 2026Rec 7
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 7 7 Added In neither text 7 Unchanged 7 Unchanged 7 Unchanged 7 Unchanged 7 Unchanged

Each text against the text before it: +Added in this text, not in the text before=Unchanged same as the text before— in neither text

Parliament amendments

4 amendments to this recital

4 propose alternative wording.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DNIRapporteur
~ Alternative1111

By political group

  • ~ Alternative The Left 1 S&D 1 NI 1 Rapporteur 1
  1. 4 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Regulation (EU) 2022/868 of the European Parliament and of the Council⁷ has established rules for intermediary functions in three different settings…”

    (7) Regulation (EU) 2022/868 of the European Parliament and of the Council⁷ has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council⁸ . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules areshould overlybe stringent for service providers to find a sustainable financial modelimproved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council⁹ on guidance on the processing of personal data in the context of scientific research.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 7
    Document
    IMCO draft opinion
    Printed header
    Recital 7
  2. 115 Alternative João OliveiraThe Left · ITRE–LIBE “retaining national public registers, ensuring that these services continue to be regulated by the designated competent authorities”

    (7) Regulation (EU) 2022/868 of the European Parliament and of the Council⁷ has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council⁸. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council⁹ on guidance on the processing of personal data in the context of scientific research.It is thus necessary to merge the two sets of rules, while retaining national public registers, ensuring that these services continue to be regulated by the designated competent authorities of the Member States, and maintaining the requirement that they be publicly registered. To that end, all data intermediation service providers and data altruism organisations should be bound by the same objectives and obligations, while particular account should be taken of the kind of data processed by those entities, including personal data, and scope should be provided for supervision tailored to the specific circumstances of the Member States.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Digital Omnibus proposal Recital 7
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 7
  3. 116 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “Regulation (EU) 2022/868 of the European Parliament and of the Council⁷ has established rules for intermediary functions in three different settings…”

    (7) Regulation (EU) 2022/868 of the European Parliament and of the Council⁷ has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council⁸ . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules areshould overlybe stringent for service providers to find a sustainable financial modelimproved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council⁹ on guidance on the processing of personal data in the context of scientific research.

    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 7
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 7
  4. 117 Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “applied, bureaucratic and unnecessary”

    (7) Regulation (EU) 2022/868 of the European Parliament and of the Council⁷ has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council⁸. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent, applied, bureaucratic and unnecessary, for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council⁹ on guidance on the processing of personal data in the context of scientific research.

    Tabled by
    Diana Iovanovici Şoşoacă
    Group
    NI
    Targets
    Digital Omnibus proposal Recital 7
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 7