Digital Omnibus tracker

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 Act

The 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. 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. 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 to respondArticle to a public emergency15a(2) and without undue delay and, in any event, no later than 30 working days after the receipt of such a request inpursuant otherto casesArticle of an exceptional need15a(3), on any of the following grounds:

    1. (a)

      the data holder does not have control over the data requested;

    2. (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);

    3. (c)

      the request does not meet the conditions laid down in Article 17(1) and (2).

  3. 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. 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. 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.

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.

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

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)
(-a) paragraph 1 is replaced by the following:
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, takinghaving intoimplemented accountthe necessary technical, organisational and legal measures.
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Alternative wording Amendment 50 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(-a) paragraph 1 is replaced by the following:
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, takingand intoshall accountimplement 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.
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).

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Alternative wording Amendment 51 IMCO draft opinion · Alex Agius Saliba (rapporteur)
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:;
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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

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:;’
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 10 / Regulation (EU) 2023/2854 / Article 18

Deletion marker printed in the source: deleted

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

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 10 – point b a (new) / Regulation (EU) 2023/2854 / Article 18 – paragraph 1

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.

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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 10 a (new) / Regulation (EU) 2023/2854 / Article 18 – paragraph 1