Data Act· Article 1
Text
Article 1 Data Act as printed in the Council text of 22 October 2026
Subject matter and scope
Source Council, 22 October 2026. Article 1: ST 14756/26, page 60 · pp. 60–62 · exact text page
Article 1(1)(c)
the making available of data by data holders to public sector bodies, the Commission, the European Central Bank and Union bodies, where there is the need for those data for the performance of a specific task carried out in the public interest;
Article 1(1)(ea)
voluntary registration of data intermediation services;
Article 1(1)(eb)
voluntary registration of entities which collect and process data made available for altruistic purposes;
Article 1(1)(ec)
the establishment of a European Data Innovation Board;
Article 1(1)(ed)
data localisation requirements
Article 1(1)(ee)
the re-use of certain data and documents held by public sector bodies or by certain public undertakings, and of research data.;
Article 1(2)(f)
Chapter VII applies to any non-personal data held in the Union by providers of data processing services, public sector bodies making available data in accordance with Chapter VIIc Section 3, the natural or legal person to which the right to re-use data in accordance with Chapter VIIc Section 3 was granted, a data intermediation services provider or a recognised data altruism organisation.’.
Article 1(2)(g) Dropped
This Council draft drops the change the Commission proposed. It deletes nothing from the law in force.
Article 1(2)(h)
Chapter VIIb applies to any non-personal data;
Article 1(2)(i) Dropped
This Council draft drops the change the Commission proposed. It deletes nothing from the law in force.
Article 1(3)(e)
public sector bodies, the Commission, the European Central Bank and Union bodies that request data holders to make data available where there is the need for those data for the performance of a specific task carried out in the public interest and to the data holders that provide those data in response to such request;
Article 1(3)(g)
participants in data spaces.
Article 1(5)(ca)
in paragraph (5) the following subparagraph is added:
‘The rules set out in Chapters VIIa and VIIc do not create a legal basis for the processing of personal data.
Article 1(7)
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
The amending passage as printed
(d) paragraph 7 is deleted.
Article 1(11)
Chapter VIIb of this Regulation is without prejudice to laws, regulations, and administrative provisions that relate to the internal organisation of Member States and that allocate, among public authorities and bodies governed by public law, powers and responsibilities for the processing of data without contractual remuneration of private parties, as well as to laws, regulations, and administrative provisions of Member States that provide for the implementation of such powers and responsibilities.
Article 1(12)
Where sector-specific Union or national law requires public sector bodies, data intermediation services providers or recognised data altruism organisations to comply with specific additional technical, administrative or organisational requirements that relate to Chapters VIIa and VIIb, including through an authorisation or certification regime, those provisions of that sector-specific Union or national law shall also apply. Any such specific additional requirements shall be non-discriminatory, proportionate and objectively justified.
Article 1(13)
With regards to data and documents in scope of Section II of Chapter VIIc, Chapter VIIc of this Regulation establishes a set of minimum rules governing the re-use and the practical arrangements for facilitating the re-use of data and documents and does not affect the possibility for Member States to adopt more detailed or stricter rules, provided that those rules allow for more extensive re-use of data and documents.
Article 1 in the whole Data Act
The tracker does not establish the wording of Article 1(5), additional subparagraph in the Council text of 2 October 2026 (ST 13886/26); see its Article 1.
How the provision changed
Each text against the law in forceEach text against the text before it
| What each text would do to the law in force | ||||||
|---|---|---|---|---|---|---|
| Element | Commission19 Nov 2025Art 1 | Council10 Jun 2026Art 1 | Council18 Jun 2026Art 1 | Council3 Sep 2026Art 1 | Council2 Oct 2026Art 1 | Council22 Oct 2026Art 1 |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| From the Commission’s Article 1 | ||||||
| Voluntary registration of data intermediation services | 1(1)(ea) Adds Added | 1(1)(ea) Adds Unchanged | 1(1)(ea) Adds Unchanged | 1(1)(ea) Adds Unchanged | 1(1)(ea) Adds Unchanged | 1(1)(ea) Adds Unchanged |
| Voluntary registration of data altruism entities | 1(1)(eb) Adds Added | 1(1)(eb) Adds Unchanged | 1(1)(eb) Adds Unchanged | 1(1)(eb) Adds Unchanged | 1(1)(eb) Adds Unchanged | 1(1)(eb) Adds Unchanged |
| European Data Innovation Board | 1(1)(ec) Adds Added | 1(1)(ec) Adds Unchanged | 1(1)(ec) Adds Unchanged | 1(1)(ec) Adds Unchanged | 1(1)(ec) Adds Unchanged | 1(1)(ec) Adds Unchanged |
| Data localisation requirements | 1(1)(ed) Adds Added | 1(1)(ed) Adds, changed since the proposal Changed | 1(1)(ed) Adds Unchanged | 1(1)(ed) Adds Unchanged | 1(1)(ed) Adds Unchanged | 1(1)(ed) Adds Unchanged |
| Re-use of public sector data and documents and of research data | 1(1)(ee) Adds Added | 1(1)(ee) Adds Unchanged | 1(1)(ee) Adds Unchanged | 1(1)(ee) Adds Unchanged | 1(1)(ee) Adds Unchanged | 1(1)(ee) Adds Unchanged |
| Data covered by Chapter VIIa | 1(2)(g) Adds Added | Not in the law in force or this text, dropped since the proposal Dropped | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text |
| Data covered by Chapter VIIb | 1(2)(h) Adds Added | 1(2)(h) Adds Unchanged | 1(2)(h) Adds Unchanged | 1(2)(h) Adds Unchanged | 1(2)(h) Adds Unchanged | 1(2)(h) Adds Unchanged |
| Data and documents covered by Chapter VIIc | 1(2)(i) Adds Added | Not in the law in force or this text, dropped since the proposal Dropped | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text |
| Participants in data spaces | 1(3)(g) Adds Added | 1(3)(g) Adds Unchanged | 1(3)(g) Adds Unchanged | 1(3)(g) Adds Unchanged | 1(3)(g) Adds Unchanged | 1(3)(g) Adds Unchanged |
| Chapter VIIb and the internal organisation of Member States | 1(11) Adds Added | 1(11) Adds Unchanged | 1(11) Adds Unchanged | 1(11) Adds Unchanged | 1(11) Adds Unchanged | 1(11) Adds Unchanged |
| Additional sector-specific requirements | 1(12) Adds Added | 1(12) Adds Unchanged | 1(12) Adds Unchanged | 1(12) Adds Unchanged | 1(12) Adds Unchanged | 1(12) Adds Unchanged |
| Minimum rules and stricter national rules on re-use | 1(13) Adds Added | 1(13) Adds, changed since the proposal Changed | 1(13) Adds Unchanged | 1(13) Adds Unchanged | 1(13) Adds Unchanged | 1(13) Adds Unchanged |
| Added in the Council texts | ||||||
| Chapters VIIa and VIIc as no legal basis for processing personal data | Not in the law in force or this text In neither text | 1(5), additional subparagraph Adds, added since the proposal Added | 1(5), additional subparagraph Adds Unchanged | 1(5), additional subparagraph Adds Unchanged | 1(5)(ca) Adds, changed since 3 Sep Changed | 1(5)(ca) Adds Unchanged |
| Making data available for tasks carried out in the public interest | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 1(1)(c) Adds, added since 18 Jun Added | 1(1)(c) Adds Unchanged | 1(1)(c) Adds Unchanged |
| Public bodies that request data and the data holders that provide it | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 1(3)(e) Adds, added since 18 Jun Added | 1(3)(e) Adds Unchanged | 1(3)(e) Adds Unchanged |
| “Chapter VII applies to any non-personal data …” | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 1(2)(f) Adds, added since 3 Sep Added | 1(2)(f) Adds Unchanged |
Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before
Each text against the text before it: +Added in this text, not in the text before~Changed wording changed−Dropped drops a provision the text before added=Unchanged same as the text before— in neither text
Parliament amendments
35 amendments to this article
8 would delete the wording, 12 propose alternative wording and 15 would add wording.
| Type | The Left | S&D | Greens/EFA | Renew | EPP | ECR | PfE | NI | Rapporteur |
|---|---|---|---|---|---|---|---|---|---|
| − Deletion | · | 2 | 3 | 1 | · | · | · | · | 2 |
| ~ Alternative | 2 | 3 | 3 | · | 2 | · | · | 2 | · |
| + Addition | · | 1 | 1 | · | 3 | 6 | 8 | · | · |
By political group
- − Deletion S&D 2 Greens/EFA 3 Renew 1 Rapporteur 2
- ~ Alternative The Left 2 S&D 3 Greens/EFA 3 EPP 2 NI 2
- + Addition S&D 1 Greens/EFA 1 EPP 3 ECR 6 PfE 8
Show
Paragraph (1)(ea)7 amendments
13 −Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the Commission’s wording
(ea) voluntary registration of data intermediation services;Justification
This amendment preserves a stronger and more reliable oversight framework for data intermediation services. Maintaining mandatory registration helps ensure transparency, accountability and effective supervision, particularly where sensitive or high-risk data processing activities are involved, and contributes to greater trust and legal certainty within the European data-sharing ecosystem.
- Rapporteur
- Brando Benifei
- Group
- Rapporteur
- Targets
- Data Act Article 1(1)(ea)
- Document
- JURI draft opinion
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point e a
140 −Deletion David CormandGreens/EFA · JURI Deletes the Commission’s wording
(ea) voluntary registration of data intermediation services;- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 1(1)(ea)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 70
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1
141 −Deletion Laurence FarrengRenew · JURI Deletes the Commission’s wording
(ea) voluntary registration of data intermediation services;- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Data Act Article 1(1)(ea)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 70
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point e a
192 ~Alternative David CormandGreens/EFA · IMCO “registration of data intermediation services;”
(ea)
voluntaryregistration of data intermediation services;- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 1(1)(ea)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 66
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea
527 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the Commission’s wording
(ea) voluntary registration of data intermediation services;Justification
This amendment preserves a stronger and more reliable oversight framework for data intermediation services. Maintaining mandatory registration helps ensure transparency, accountability and effective supervision, particularly where sensitive or high-risk data processing activities are involved, and contributes to greater trust and legal certainty within the European data-sharing ecosystem.
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 1(1)(ea)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 3
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea
528 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “and supervisory framework for the provision”
(ea)
voluntary registration of data intermediation services;notification and supervisory framework for the provision of data intermediation services;- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 1(1)(ea)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 3
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea
529 ~Alternative João OliveiraThe Left · ITRE–LIBE “mandatory registration of data intermediation services;”
(ea)
voluntarymandatory registration of data intermediation services;- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 1(1)(ea)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, pages 3–4
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea
Paragraph (1)(eb)5 amendments
14 −Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the Commission’s wording
(eb) voluntary registration of entities which collect and process data made available for altruistic purposes;Justification
This amendment preserves a stronger and more reliable oversight framework for data altruism organisations. Maintaining mandatory registration helps ensure transparency, accountability and effective supervision, particularly where sensitive or high-risk data processing activities are involved, and contributes to greater trust and legal certainty within the European data-sharing ecosystem.
- Rapporteur
- Brando Benifei
- Group
- Rapporteur
- Targets
- Data Act Article 1(1)(eb)
- Document
- JURI draft opinion
- Source
- Official text, page 16
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point e b
142 −Deletion David CormandGreens/EFA · JURI Deletes the Commission’s wording
(eb) voluntary registration of entities which collect and process data made available for altruistic purposes;- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 1(1)(eb)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1
534 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the Commission’s wording
(eb) voluntary registration of entities which collect and process data made available for altruistic purposes;- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 1(1)(eb)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, pages 6–7
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point eb
535 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “and supervisory framework”
(eb)
voluntarynotificationregistrationand supervisory framework of entities which collect and process data made available for altruistic purposes;- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 1(1)(eb)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 7
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point eb
536 ~Alternative João OliveiraThe Left · ITRE–LIBE “mandatory registration of entities which collect and process data made available for altruistic purposes;”
(eb)
voluntarymandatory registration of entities which collect and process data made available for altruistic purposes;- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 1(1)(eb)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 7
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point eb
Paragraph (1)(ee)3 amendments
143 ~Alternative Victor NegrescuS&D · JURI “under open, transparent and non-discriminatory conditions, giving priority to open formats and standard licences where compatible with the protection…”
(ee) the re-use of certain data and documents held by public sector bodies or by certain public undertakings, and of research data.; under open, transparent and non-discriminatory conditions, giving priority to open formats and standard licences where compatible with the protection of personal data, trade secrets and other legitimate interests.
- Tabled by
- Victor Negrescu
- Group
- S&D
- Targets
- Data Act Article 1(1)(ee)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 71
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1
537 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “under well-defined conditions of access and access periods, ensuring data protection and with potential penalties in the event of uncontrolled data…”
(ee)(ee) the re-use of certain data and documents held by public sector bodies or by certain public undertakings, and of research data.’, under well-defined conditions of access and access periods, ensuring data protection and with potential penalties in the event of uncontrolled data leaks;Justification
Data protection is key, especially access to this data and the persons who have access to this data.
- Tabled by
- Diana Iovanovici Şoşoacă
- Group
- NI
- Targets
- Data Act Article 1(1)(ee)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 8
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ee
538 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “the re-use of certain data and documents held by public sector bodies or by certain public undertakings, and of research data subject to safeguards;”
(ee) the re-use of certain data and documents held by public sector bodies or by certain public undertakings, and of research data
.subject to safeguards;- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 1(1)(ee)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 8
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ee
New points in paragraph 19 amendments
193 +Addition David CormandGreens/EFA · IMCO “introducing requirements for data intermediation services”
(eaa)introducing requirements for data intermediation services
- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 1 – Paragraph 1 – point ea a (new)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea a (new)
194 +Addition Virginie JoronPfE · IMCO “voluntary registration of providers of data processing services on which the performance of a function of general interest or the continuity of an…”
(eab)voluntary registration of providers of data processing services on which the performance of a function of general interest or the continuity of an essential service in the Union depend and which are exposed to a unilateral suspension, obstacles to changing supplier or a transfer to a third country;
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 1 – Paragraph 1 – point ea b (new)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 67
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea b (new)
195 +Addition Virginie JoronPfE · IMCO “voluntary registration of providers of data processing services that process sensitive data on the basis of a legitimate interest with a view to…”
(ebb)voluntary registration of providers of data processing services that process sensitive data on the basis of a legitimate interest with a view to researching and developing innovative solutions and processes;
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 1 – Paragraph 1 – point ea c (new)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1– paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea c (new)
196 +Addition Virginie JoronPfE · IMCO “voluntary registration of providers of data processing services that process pseudonymised data using state-of-the-art methods to preserve and…”
(ebc)voluntary registration of providers of data processing services that process pseudonymised data using state-of-the-art methods to preserve and reinforce privacy, on the basis of Article 6(1)(f) of Regulation (EU) 2016/679;
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 1 – Paragraph 1 – point ea d (new)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 68
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea d (new)
197 +Addition Virginie JoronPfE · IMCO “voluntary registration of providers of data processing services that process high-value datasets or sensitive business secrets;”
(ebd)voluntary registration of providers of data processing services that process high-value datasets or sensitive business secrets;
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 1 – paragraph 1 – point ea e (new)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 68
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea e (new)
530 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “voluntary registration of providers of data processing services that process pseudonymised data which have undergone state-of-the-art…”
(eaa)voluntary registration of providers of data processing services that process pseudonymised data which have undergone state-of-the-art privacy-preserving and privacy-enhancing techniques on the basis of Article 6(1)(f) of Regulation (EU) 2016/679;
Justification
The debates surrounding the codification of the case-law of the Court of Justice on the concept of pseudonymised data have revealed an urgent need to clarify the legal status of this category of data. Such debates cannot be settled by a mere definition of personal data, but only through guidelines enabling economic operators to take all appropriate risk-mitigation measures so as to ensure their legal certainty and their due diligence. In order to produce guidelines informed by the best practices of data holders, this amendment establishes a voluntary registration scheme. This scheme will feed the work of the European Data Innovation Board, which, in cooperation with the European Data Protection Board and the Commission, will be able to issue such guidelines.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 1 – Paragraph 1 – point ea a (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 4
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – Paragraph 1 – point ea a (new)
531 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “voluntary registration of providers of data processing services that process high-value data sets or sensitive trade secrets;”
(eab)voluntary registration of providers of data processing services that process high-value data sets or sensitive trade secrets;
Justification
For data processing services handling high-value or sensitive data — whether personal data, open public data or economic data (industrial data, trade secrets) — a voluntary registration scheme would allow operators to make themselves known to the European Data Innovation Board, to take part in its work and to share their best practices with operators subject to the same obligations.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 1 – Paragraph 1 – point ea b (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, pages 4–5
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – Paragraph 1 – point ea b (new)
532 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “voluntary registration of providers of data processing services on which the performance of a function in the general interest or the continuity of…”
(eac)voluntary registration of providers of data processing services on which the performance of a function in the general interest or the continuity of an essential service in the Union depends, and which are exposed to unilateral suspension, switching obstacles or transfer to a third country;
Justification
The Regulation pays sustained attention to the risks arising from transfers — whether forced or voluntary — of sensitive data to third countries, and to the risk of disruption of digital services through unilateral measures of an extraterritorial nature. A voluntary registration scheme for providers on which the performance of a function in the general interest or the continuity of an essential service in the Union depends would enable such providers to make themselves known to the European Data Innovation Board and would inform the definition of protective measures against such extraterritorial reach.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 1 – Paragraph 1 – point ea c (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, pages 5–6
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – Paragraph 1 – point ea c (new)
533 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “voluntary registration of providers of data processing services which process sensitive data on the basis of legitimate interest for the research and…”
(ead)voluntary registration of providers of data processing services which process sensitive data on the basis of legitimate interest for the research and development of innovative solutions and processes;
Justification
The Regulation seeks to lift the ambiguity surrounding the status of pseudonymised data in order to make high-value datasets available for the research and development of innovative solutions and processes. A voluntary registration scheme for providers of data processing services which process sensitive data on the basis of legitimate interest, pursuant to Article 6(1)(f) of Regulation (EU) 2016/679, would allow these operators to make themselves known to the European Data Innovation Board and to share their practices as regards, in particular, the arrangements for obtaining consent where required and the measures taken to mitigate re-identification risks. This would inform the work of the Board and the development of guidelines enabling operators to secure their legal certainty and their due diligence.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 1 – Paragraph 1 – point ea d (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 6
- Printed header
- Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – Paragraph 1 – point ea d (new)
New points in paragraph 22 amendments
198 +Addition Piotr MüllerECR · IMCO “Chapter II applies to data, with the exception of content, concerning the performance, use and environment of connected products and related…”
(aa) in paragraph 2, point (a) is replaced by the following
(a)Chapter II applies to data, with the exception of content, concerning the performance, use and environment of connected products and related services; Chapter II shall not apply where both the user and the data holder are enterprises;
Justification
Removes purely business-to-business dealings from the mandatory data-access obligations of Chapter II, cutting a broad and costly obligation where no consumer interest is at stake.
- Tabled by
- Piotr Müller
- Group
- ECR
- Targets
- Data Act Article 1 – paragraph 2 – point a a (new)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 1 – point a a (new) / Regulation (EU) 2023/2854 / Article 1 – paragraph 2 – point a a (new)
199 +Addition Piotr MüllerECR · IMCO “Chapter II shall apply on a voluntary basis to medical devices within the meaning of Regulation (EU) 2017/745, in vitro diagnostic medical devices…”
(ia)Chapter II shall apply on a voluntary basis to medical devices within the meaning of Regulation (EU) 2017/745, in vitro diagnostic medical devices within the meaning of Regulation (EU) 2017/746, electronic health record systems and related services;
Justification
Makes Chapter II voluntary for medical devices and electronic health records, removing a data-sharing mandate that conflicts with patient-safety and certification duties.
- Tabled by
- Piotr Müller
- Group
- ECR
- Targets
- Data Act Article 1 – paragraph 2 – point i a (new)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 69
- Printed header
- Article 1 – paragraph 1 – point 1 – point b / Regulation (EU) 2023/2854 / Article 1 – paragraph 2 – point i a (new)
Paragraph (3)(g)1 amendment
540 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “and vendors of applications using smart contracts and persons whose trade, business or profession involves the deployment of smart contracts for…”
(g) participants in data spaces and vendors of applications using smart contracts and persons whose trade, business or profession involves the deployment of smart contracts for others in the context of executing an agreement.;
Justification
Smart contracts are increasingly used as automated execution mechanisms for data-sharing arrangements, including triggering, authorising, restricting, or logging access to data and related services. Where deployed in connected products, digital ecosystems, or data spaces, such applications may determine or materially influence the conditions under which data are made available, accessed, or transferred between parties. In such cases, operators and deployers of smart contract-based systems function as technical intermediaries in the execution of data-sharing obligations under this Regulation and should therefore fall within its scope to ensure enforceability, transparency, and non-discriminatory access conditions.
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 1(3)(g)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 1 – point c / Regulation (EU) 2023/2854 / Article 1 – paragraph 3 – point g
New subparagraphs in paragraph 51 amendment
541 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “The rules set out in Chapters VIIa and VIIc do not create a legal basis for the processing of personal data.”
(ca) in paragraph (5) the following subparagraph is added
The rules set out in Chapters VIIa and VIIc do not create a legal basis for the processing of personal data.
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 1 – paragraph 5 – subparagraph (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 10
- Printed header
- Article 1 – paragraph 1 – point 1 – point c a (new) / Regulation (EU) 2023/2854 / Article 1 – paragraph 5 – subparagraph (new)
Paragraph (8)1 amendment
542 ~Alternative Axel VossEPP · ITRE–LIBE “It is also without prejudice to the achievement of the Union Cyber Resilience objectives, defined in particular by the NIS2 Directive and the Cyber…”
(da) In Article 1, paragraph 8 is replaced by the following text:
8. This Regulation is without prejudice to Union and national legal acts providing for the protection of intellectual property rights and Trade Secrets, in particular Directives 2001/29/EC, 2004/48/EC, (EU) 2016/943 and (EU) 2019/790. It is also without prejudice to the achievement of the Union Cyber Resilience objectives, defined in particular by the NIS2 Directive and the Cyber Resilience Act."
Justification
The amendments ensure that Data Act access rights do not override trade secrets, IP or EU cybersecurity objectives. Industrial and IoT data can reveal know-how, algorithms, control logic, production methods or R&D results when combined, sequenced or analysed in bulk. Disclosure without the trade secret holder’s consent would weaken innovation, expose EU manufacturers to unfair competition and security risks, and reduce trust in data sharing, while preserving coherence with the Trade Secrets Directive, NIS2 and the Cyber Resilience Act.
- Tabled by
- Axel Voss
- Group
- EPP
- Targets
- Data Act Article 1 – paragraph 8
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 1 – point d a (new) / Regulation (EU) 2023/2854 / Article 1 – paragraph 8
Paragraph (11)Chapter VIIb and the internal organisation of Member States1 amendment
616 +Addition Henrik DahlEPP · ITRE–LIBE “without prejudice to the right of a data holder to refuse access to specific data in accordance with Article 4(8) or 5(11)”
3a. Article 11 paragraph 1 is replaced by the following:
"A data holder may apply appropriate technical protection measures, including smart contracts and encryption, to prevent unauthorised access to data, including metadata, and to ensure compliance with Articles 4, 5, 6, 8 and 9, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not discriminate between data recipients or hinder a
user’suser’s right to obtain a copy of, retrieve, use or access data, to provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation adopted in accordance with Union law, without prejudice to the right of a data holder to refuse access to specific data in accordance with Article 4(8) or 5(11). Users, third parties and data recipients shall not alter or remove such technical protection measures unless agreed by the data holder."- Tabled by
- Henrik Dahl
- Group
- EPP
- Targets
- Data Act Article 1(11)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 67
- Printed header
- Article 1 – paragraph 1 – point 3 a (new) / Regulation (EU) 2023/2854 / Article 11 – paragraph 1
Paragraph (12)Additional sector-specific requirements1 amendment
543 −Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the Commission’s wording
12. Where sector-specific Union or national law requires public sector bodies, data intermediation services providers or recognised data altruism organisations to comply with specific additional technical, administrative or organisational requirements that relate to Chapters VIIa and VIIb, including through an authorisation or certification regime, those provisions of that sector-specific Union or national law shall also apply. Any such specific additional requirements shall be non-discriminatory, proportionate and objectively justified.’- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 1(12)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 11
- Printed header
- Article 1 – paragraph 1 – point 1 – point e / Regulation (EU) 2023/2854 / Article 1 – paragraph 12
Paragraph (13)Minimum rules and stricter national rules on re-use2 amendments
145 ~Alternative Daniel BudaEPP · JURI “in a manner that is proportionate”
13. With regards to data and documents in scope of Section II of Chapter VIIc, Chapter VIIc of this Regulation does not affect the possibility for Member States to adopt more detailed or stricter rules, provided that those rules allow for more extensive re-use of data and documents, in a manner that is proportionate.’
- Tabled by
- Daniel Buda
- Group
- EPP
- Targets
- Data Act Article 1(13)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 72
- Printed header
- Article 1 – paragraph 1 – point 1 – point e / Regulation (EU) 2022/868 / Article 1 – paragraph 13
544 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “while respecting data protection and rapid response rules in the event of uncontrolled data leaks”
(13) With regards to data and documents in scope of Section II of Chapter VIIc, Chapter VIIc of this Regulation does not affect the possibility for Member States to adopt more detailed or stricter rules, provided that those rules allow for more extensive re-use of data and documents, while respecting data protection and rapid response rules in the event of uncontrolled data leaks.
’Justification
Respect for data protection is crucial under all circumstances.
- Tabled by
- Diana Iovanovici Şoşoacă
- Group
- NI
- Targets
- Data Act Article 1(13)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 1 – point e / Regulation (EU) 2023/2854 / Article 1 – paragraph 13
Paragraph (14)1 amendment
545 +Addition Aura Salla +5EPP · ITRE–LIBE “Chapters II and III of this Regulation shall not apply to: (a) data generated by medical devices and in vitro diagnostic medical devices as defined…”
(ea) Paragraph 14 is added, as follows
Chapters II and III of this Regulation shall not apply to:
(a)data generated by medical devices and in vitro diagnostic medical devices as defined in Regulation (EU) 2017/745 and Regulation (EU) 2017/746 respectively, including accessories and software within the meaning of those Regulations;
(b)data generated by or processed through electronic health record systems as defined in Article 2, point (2), of Regulation (EU) 2025/327;
(c)data generated by or processed through related services within the meaning of Article 2, point (6), of this Regulation that are connected to the products referred to in points (a) and (b).
Manufacturers and providers of the products and services referred to in the first subparagraph may voluntarily comply with the obligations set out in Chapters II and III of this Regulation.
- Tabled by
- Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Oliver Schenk, Christian Ehler
- Group
- EPP
- Targets
- Data Act Article 1 – paragraph 14
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 1 – point e a (new) / Regulation (EU) 2023/2854 / Article 1 – paragraph 14
New paragraphs1 amendment
144 +Addition Daniel BudaEPP · JURI “The Commission shall publish guidance on the uniform application of these additional requirements to prevent fragmentation of the internal market.” numbered 12a
(12a)The Commission shall publish guidance on the uniform application of these additional requirements to prevent fragmentation of the internal market.
- Tabled by
- Daniel Buda
- Group
- EPP
- Targets
- Data Act Article 1 – paragraph 12 a (new)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 1 – point e / Regulation (EU) 2023/2854 / Article 1 – paragraph 12 a (new)