Data Act · Regulation (EU) 2023/2854
Article 16
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 2 parts · 3 Council drafts · 2 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to Data ActThe wording proposed by the Commission at the start of this legislative file.
Full article with Commission changes
Article with proposed changes
Official consolidated text dated 13 December 2023, with the Commission proposal change affecting this article applied.
Article 16
Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to information or demonstrating or verifying compliance with legal obligations.
- 2.
This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies
carryingrelatingout activities forto the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affectapplicableUnionandor national lawongoverningthesuchprevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administrationactivities.
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 16(2)
Commission proposal
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Article in June Presidency compromise · 10 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 10 June (10 June 2026)
Article 16
Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to information or demonstrating or verifying compliance with legal obligations.
- 2.
This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies
carryingrelatingout activities forto the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affectapplicableUnionandor national lawongoverningthesuchprevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administrationactivities.
Article 16(2)
June Presidency compromise · 10 June
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Article in June Presidency compromise · 18 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 18 June (18 June 2026)
Article 16
Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to information or demonstrating or verifying compliance with legal obligations.
- 2.
This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies
carryingrelatingout activities forto the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affectapplicableUnionandor national lawongoverningthesuchprevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administrationactivities.
Article 16(2)
June Presidency compromise · 18 June
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 16
Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to information or demonstrating or verifying compliance with legal obligations.
- 2.
This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies
carryingrelatingout activities forto the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affectapplicableUnionandor national lawongoverningthesuchprevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administrationactivities.
Article 16(2)
September Presidency compromise
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Article 16(2) 3 Council drafts
Article 16(2)
10 June 2026 · June Presidency compromise · 10 June
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Article 16(2)
18 June 2026 · June Presidency compromise · 18 June
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Article 16(2)
3 September 2026 · September Presidency compromise
2. This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
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Additional proposed wording Amendment 253 · Virginie Joron IMCO
(8a) In Article 16, the following paragraph is added:
A public sector body, the Commission, the European Central Bank or a Union body having received data as a result of a public emergency must:
have implemented technical and organisational measures ensuring the confidentiality and integrity of the requested data and the security of the data transfers, in particular personal data, and preserving the rights and freedoms of data subjects; and
erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and individuals or organisations that received the data pursuant to Article 21(1) without undue delay that the data have been erased, unless archiving of the data is required in accordance with Union or national law on public access to documents in the context of transparency obligations.
against:
Article 16
Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to information or demonstrating or verifying compliance with legal obligations.
- 2.
This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
Additional proposed wording Amendment 656 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
8a. In Article 16, the following paragraph is added:
A public sector body, the Commission, the European Central Bank or a Union body that has received data on the basis of a public emergency shall:
have implemented technical and organisational measures that preserve the confidentiality and integrity of the requested data and the security of the data transfers, in particular of personal data, and safeguard the rights and freedoms of data subjects; and
erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and the individuals or organisations that received the data pursuant to Article 21(1), without undue delay, that the data have been erased, unless archiving is required under Union or national law on public access to documents in the context of transparency obligations.'
against:
Article 16
Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to information or demonstrating or verifying compliance with legal obligations.
- 2.
This Chapter shall not apply to activities carried out by public sector bodies, the Commission, the European Central Bank or Union bodies relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect Union or national law governing such activities.
- 2a.
A public sector body, the Commission, the European Central Bank or a Union body that has received data on the basis of a public emergency shall:
- (a)
have implemented technical and organisational measures that preserve the confidentiality and integrity of the requested data and the security of the data transfers, in particular of personal data, and safeguard the rights and freedoms of data subjects; and
- (b)
erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and the individuals or organisations that received the data pursuant to Article 21(1), without undue delay, that the data have been erased, unless archiving is required under Union or national law on public access to documents in the context of transparency obligations.'
- (a)
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Selected texts
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Article 16(2)
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 16(2)
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 16(2)
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded