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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 16

Text

Article 16 Data Act as printed in the Council text of 22 October 2026

Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies

Source Council, 22 October 2026. Article 16: ST 14756/26, page 74 · exact text page

Scope This text prints Article 16(2) only.

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 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
2Paragraph 2 Amends Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 1
Provisions only Parliament would add or change1 unit 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 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

Each text against the law in force: ~Amends amends the law in force— neither the law in force nor the text has it changed from the text before

Each text against the text before it: ~Changed wording changed=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Amends paragraph 2. Article 16 in this text
  2. 10 Jun 2026 Council textST 10426/26 Unchanged Same as the text before. Article 16 in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 16 in this text
  4. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 1 amendment to this article. Amendments in this document
  5. 27 Jul 2026 ITRE–LIBE amendments 527–776 to the draft reportCJ72-AM-791071 1 amendment to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 16 in this text
  7. 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 16 in this text
  8. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 16 in this text

Paragraph 2

Changed by the Commission

Parliament amendments 1

1 would add wording to paragraph 2.

  1. 253 Addition Virginie JoronPfE · IMCO “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: (a) have…”

    (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:

    (a)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

    (b)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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 16(2)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 8 a (new) / Regulation (EU) 2023/2854 / Article 16

Provisions only Parliament amendments would add or change

1 amendment on 1 unit the Commission proposal leaves unchanged

Paragraph 2a (new)New

  1. 656 Addition Julie Rechagneux +8ECR, PfE · ITRE–LIBE “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)…”

    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:

    (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.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 16 – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 8 a (new) / Regulation (EU) 2023/2854 / Article 16 – paragraph 2a (new)