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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

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)

(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)

(ea)

voluntary registration of data intermediation services;

Article 1(1)(eb)

(eb)

voluntary registration of entities which collect and process data made available for altruistic purposes;

Article 1(1)(ec)

(ec)

the establishment of a European Data Innovation Board;

Article 1(1)(ed)

(ed)

data localisation requirements

Article 1(1)(ee)

(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)

(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)

(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)

(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)

(g)

participants in data spaces.

Article 1(5)(ca)

(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)

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)

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)

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

Show the statuses

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 withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 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.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfENIRapporteur
− Deletion·231····2
~ Alternative233·2··2·
+ Addition·11·368··

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

  1. 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
  2. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1
  3. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point e a
  4. 192 Alternative David CormandGreens/EFA · IMCO “registration of data intermediation services;”

    (ea) voluntary registration 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea
  5. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea
  6. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea
  7. 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
    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

  1. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point e b
  2. 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
  3. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point eb
  4. 535 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “and supervisory framework”

    (eb) voluntarynotification registrationand 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point eb
  5. 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
    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

  1. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1
  2. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ee
  3. 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
    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

  1. 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)
  2. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea b (new)
  3. 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)
  4. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea d (new)
  5. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – paragraph 1 – point ea e (new)
  6. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – Paragraph 1 – point ea a (new)
  7. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – Paragraph 1 – point ea b (new)
  8. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point a / Regulation (EU) 2023/2854 / Article 1 – Paragraph 1 – point ea c (new)
  9. 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
    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

  1. 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)
  2. 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
    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

  1. 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

  1. 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
    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

  1. 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

  1. 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
    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

  1. 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
    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

  1. 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
    Printed header
    Article 1 – paragraph 1 – point 1 – point e / Regulation (EU) 2022/868 / Article 1 – paragraph 13
  2. 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

  1. 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

  1. 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)