Data Act · Regulation (EU) 2023/2854
Article 18
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 3 parts · 3 Council drafts · 6 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 all 2 Commission proposal changes affecting this article applied.
Removed by the proposal: Article 18(5).
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, taking into account necessary technical, organisational and legal measures.
- 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request
for the data necessarypursuant torespondArticleto a public emergency15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt ofsucha requestinpursuantothertocasesArticleof an exceptional need15a(3), on any of the following grounds:- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
- 5.
Where the public sector body, the Commission, the European Central Bank or the Union body wishes to challenge a data holder’s refusal to provide the data requested, or where the data holder wishes to challenge the request and the matter cannot be resolved by an appropriate modification of the request, the matter shall be referred to the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
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 18(2), introductory wording
Commission proposal
2. Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
Article 18(5)
Commission proposal
10. Article 18 is amended as follows: (a) in paragraph 2, the introductory wording is replaced by the following: ‘2. Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:’; (b) paragraph 5 is deleted;
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 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, taking into account necessary technical, organisational and legal measures.
- 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request
for the data necessarypursuant torespondArticleto a public emergency15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt ofsucha requestinpursuantothertocasesArticleof an exceptional need15a(3), on any of the following grounds:- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
- 5.
Where the public sector body, the Commission, the European Central Bank or the Union body wishes to challenge a data holder’s refusal to provide the data requested, or where the data holder wishes to challenge the request and the matter cannot be resolved by an appropriate modification of the request, the matter shall be referred to the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 18(2), introductory wording
June Presidency compromise · 10 June
2. Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
Article 18(5)
June Presidency compromise · 10 June
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
Official source passage and amending instruction
Article 18 is amended as follows:
in paragraph 2, the introductory wording is replaced by the following:
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:;’
paragraph 5 is deleted;
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 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, taking into account necessary technical, organisational and legal measures.
- 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request
for the data necessarypursuant torespondArticleto a public emergency15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt ofsucha requestinpursuantothertocasesArticleof an exceptional need15a(3), on any of the following grounds:- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
- 5.
Where the public sector body, the Commission, the European Central Bank or the Union body wishes to challenge a data holder’s refusal to provide the data requested, or where the data holder wishes to challenge the request and the matter cannot be resolved by an appropriate modification of the request, the matter shall be referred to the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 18(2), introductory wording
June Presidency compromise · 18 June
2. Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
Article 18(5)
June Presidency compromise · 18 June
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
Official source passage and amending instruction
Article 18 is amended as follows:
in paragraph 2, the introductory wording is replaced by the following:
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:;’
paragraph 5 is deleted;
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, taking into account necessary technical, organisational and legal measures.
- 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request
for the data necessarypursuant torespondArticleto a public emergency15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt ofsucha requestinpursuantothertocasesArticleof an exceptional need15a(3), on any of the following grounds:;' paragraph 5 is deleted:- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
- 5.
Where the public sector body, the Commission, the European Central Bank or the Union body wishes to challenge a data holder’s refusal to provide the data requested, or where the data holder wishes to challenge the request and the matter cannot be resolved by an appropriate modification of the request, the matter shall be referred to the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 18(2), introductory wording
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:;' paragraph 5 is deleted:
Article 18(5)
September Presidency compromise
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
Article 18(2), introductory wording 3 Council drafts
Article 18(2), introductory wording
10 June 2026 · June Presidency compromise · 10 June
2. Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
Article 18(2), introductory wording
18 June 2026 · June Presidency compromise · 18 June
2. Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
Article 18(2), introductory wording
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:;' paragraph 5 is deleted:
Article 18(5) 3 Council drafts
Article 18(5)
10 June 2026 · June Presidency compromise · 10 June
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
Official source passage and amending instruction
Article 18 is amended as follows:
in paragraph 2, the introductory wording is replaced by the following:
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:;’
paragraph 5 is deleted;
Article 18(5)
18 June 2026 · June Presidency compromise · 18 June
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
Official source passage and amending instruction
Article 18 is amended as follows:
in paragraph 2, the introductory wording is replaced by the following:
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:;’
paragraph 5 is deleted;
Article 18(5)
3 September 2026 · September Presidency compromise
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
More filters
Political group at the amendment date where available; otherwise the current Parliament affiliation.
Alternative wording Amendment 19 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
against:
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay,
takinghavingintoimplementedaccountthe necessary technical, organisational and legal measures. - 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request
for the data necessarypursuant torespondArticleto a public emergency15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt ofsucha requestinpursuantothertocasesArticleof an exceptional need15a(3), on any of the following grounds:- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
- 5.
Where the public sector body, the Commission, the European Central Bank or the Union body wishes to challenge a data holder’s refusal to provide the data requested, or where the data holder wishes to challenge the request and the matter cannot be resolved by an appropriate modification of the request, the matter shall be referred to the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay,
takinghavingintoimplementedaccountthe necessary technical, organisational and legal measures. - 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
Alternative wording Amendment 50 IMCO draft opinion · Alex Agius Saliba (rapporteur)
Justification
In line with the advice in the joint EDPB-EDPS Joint Opinion, paras. 126-127 to specify the data holders must implement the technical, organisational and legal measures requested, not just take them into account’. This would also be in line with Articles 17(1)(g) and 19(1)(b).
against:
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay,
takingandintoshallaccountimplement the necessary technical, organisational and legal measures to implement data protection principles and to protect personal data and safeguard the rights and freedoms of data subjects.’ - 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request
for the data necessarypursuant torespondArticleto a public emergency and without undue delay and, in any event, no later than 30 working days after the receipt of such a request in other cases of an exceptional need15a(2), on any of the following grounds:;- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
- 5.
Where the public sector body, the Commission, the European Central Bank or the Union body wishes to challenge a data holder’s refusal to provide the data requested, or where the data holder wishes to challenge the request and the matter cannot be resolved by an appropriate modification of the request, the matter shall be referred to the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay,
takingandintoshallaccountimplement the necessary technical, organisational and legal measures to implement data protection principles and to protect personal data and safeguard the rights and freedoms of data subjects.’ - 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
Alternative wording Amendment 51 IMCO draft opinion · Alex Agius Saliba (rapporteur)
against:
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay,
takingandintoshallaccountimplement the necessary technical, organisational and legal measures to implement data protection principles and to protect personal data and safeguard the rights and freedoms of data subjects.’ - 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request
for the data necessarypursuant torespondArticleto a public emergency and without undue delay and, in any event, no later than 30 working days after the receipt of such a request in other cases of an exceptional need15a(2), on any of the following grounds:;- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
- 5.
Where the public sector body, the Commission, the European Central Bank or the Union body wishes to challenge a data holder’s refusal to provide the data requested, or where the data holder wishes to challenge the request and the matter cannot be resolved by an appropriate modification of the request, the matter shall be referred to the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, taking into account necessary technical, organisational and legal measures.
- 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2)
and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:;- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
Remove proposed wording Amendment 191 · Laurence Farreng JURI
The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.
Article 18
Additional proposed wording Amendment 665 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(ba) (-a) paragraph 1 is replaced by the following
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, having implemented the necessary technical, organisational and legal measures.
against:
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay,
takinghavingintoimplementedaccountthe necessary technical, organisational and legal measures. - 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
Additional proposed wording Amendment 666 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
In Article 18, paragraph 1 is amended as follows
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay, having implemented the necessary technical, organisational and legal measures to comply with data protection principles and to protect personal data and safeguard the rights and freedoms of data subjects.
against:
Article 18
Compliance with requests for data
- 1.
A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the Commission, the European Central Bank or a Union body without undue delay,
takinghavingintoimplementedaccountthe necessary technical, organisational and legal measures to comply with data protection principles and to protect personal data and safeguard the rights and freedoms of data subjects. - 2.
Without prejudice to specific needs regarding the availability of data defined in Union or national law, a data holder may decline or seek the modification of a request to make data available under this Chapter without undue delay and, in any event, no later than five working days after the receipt of a request pursuant to Article 15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of a request pursuant to Article 15a(3), on any of the following grounds:
- (a)
the data holder does not have control over the data requested;
- (b)
a similar request for the same purpose has been previously submitted by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to Article 19(1), point (c);
- (c)
the request does not meet the conditions laid down in Article 17(1) and (2).
- (a)
- 3.
If the data holder decides to decline the request or to seek its modification in accordance with paragraph 2, point (b), it shall indicate the identity of the public sector body or the Commission, the European Central Bank or the Union body that previously submitted a request for the same purpose.
- 4.
Where the data requested includes personal data, the data holder shall properly anonymise the data, unless the compliance with the request to make data available to a public sector body, the Commission, the European Central Bank or a Union body requires the disclosure of personal data. In such cases, the data holder shall pseudonymise the data.
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Article 18 – paragraph 1
Wording reproduced in the amendment → Amendment 19 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
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Both texts in full
Wording reproduced in the amendment
Amendment 19 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
Article 18 – paragraph 1
Wording reproduced in the amendment → Amendment 50 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
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Wording reproduced in the amendment
Amendment 50 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Article 18(2), introductory wording
European Commission proposal → Council Presidency text · ST 10426/26
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Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 18(2), introductory wording
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
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RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 18(2), introductory wording
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 18(2), introductory wording
Wording reproduced in the amendment → Amendment 51 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Changes in context
RemovedAdded