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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 11

Text

Article 11 Data Act as printed in the Council text of 22 October 2026

Technical protection measures on the unauthorised use or disclosure of data

Source Council, 22 October 2026. Article 11: ST 14756/26, page 72 · exact text page

Scope This text prints Article 11(1) only.

(1)

A data holder may apply appropriate technical protection measures, including 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’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. Users, third parties and data recipients shall not alter or remove such technical protection measures unless agreed by the data holder.

Article 11 in the whole Data Act

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph Commission19 Nov 2025Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 Oct text
1Paragraph 1 No change Unchanged Amends , changed since the proposal Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 1

Each text against the law in force: ~Amends amends the law in force=No change leaves the law in force as it is changed from the text before

Each text against the text before it: ~Changed wording changed=Unchanged same as the text before

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 No change Leaves this article as in the law in force.
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes paragraph 1. Article 11 in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 11 in this text
  4. 27 Jul 2026 ITRE–LIBE amendments 527–776 to the draft reportCJ72-AM-791071 1 amendment to this article. Amendments in this document
  5. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 11 in this text
  6. 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 11 in this text
  7. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 11 in this text

Paragraph 1

Changed by the Council on 10 June

Parliament amendments 1

1 would add wording to paragraph 1.

  1. 608 Addition Alice Teodorescu Måwe +1EPP · ITRE–LIBE “A data holder may apply appropriate technical protection measures, including smart contracts and encryption, to prevent unauthorised access to data…”

    8a. Article 11, paragraph 1 is amended as follows

    1.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’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
    Alice Teodorescu Måwe, Henrik Dahl
    Group
    EPP
    Targets
    Data Act Article 11 – paragraph 1
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 3 / Regulation (EU) 2023/2854 / Article 11 – paragraph 1