Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 19

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 4 parts · 3 Council drafts · 10 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.

Article 19

Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies

  1. 1.

    A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 1415a shall:

    1. (a)

      not use the data in a manner incompatible with the purpose for which they were requested;

    2. (b)

      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 personal data, and safeguard the rights and freedoms of data subjects;

    3. (c)

      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.

  2. 2.

    A public sector body, the Commission, the European Central Bank, a Union body or a third party receiving data under this Chapter shall not:

    1. (a)

      use the data or insights about the economic situation, assets and production or operation methods of the data holder to develop or enhance a connected product or related service that competes with the connected product or related service of the data holder;

    2. (b)

      share the data with another third party for any of the purposes referred to in point (a).

  3. 3.

    Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 1515a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.

  4. 4.

    A public sector body, the Commission, the European Central Bank or a Union body shall be responsible for the security of the data it receives.

Commission source wording and instructions

Article 19(1), introductory wording

Commission proposal

A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 15a shall:

Article 19(3)

Commission proposal

3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 19(1), introductory wording

June Presidency compromise · 10 June

A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 15a shall:

Article 19(3)

June Presidency compromise · 10 June

3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.

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 33 JURI draft opinion · Brando Benifei (rapporteur)
(aa) in paragraph 1, point (c) is replaced by the following:
(c) 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 documentsinformation in the context of transparency obligations.’;
Justification

This amendment clarifies the relationship between data deletion obligations and existing Union or national rules on transparency and public access to information. It helps ensure legal certainty for public authorities while preserving the principle that data should be erased once no longer necessary for the stated purpose.

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Remove proposed wording Amendment 192 · 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 19

11. Article 19 is amended as follows: (a) in paragraph 1, the introductory wording is replaced by the following: ‘A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 15a shall:;’ 3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.;’
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 / Regulation (EU) 2023/2854 / Article 19

Deletion marker printed in the source: deleted

Alternative wording Amendment 254 · Morten Løkkegaard, Svenja Hahn, Sandro Gozi IMCO
3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary and where the requesting authority has demonstrated that no alternative source of information capable of achieving the same objective is available to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.;
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point b / Regulation (EU) 2023/2854 / Article 19 – paragraph 3

Additional proposed wording Amendment 255 · Virginie Joron IMCO

(ba) the following paragraph 3a is inserted

The public sector body, the Commission, the European Central Bank or a Union body, as well as any joint venture shall ensure that trade secrets obtained in the context of a public emergency are erased as soon as they are no longer necessary for the purposes for which the request was made. Where those data are shared with a third party, the recipient must as far as possible be given access without data transmission or data downloading, and must erase the data as soon as they are no longer necessary and must not transmit them to third parties.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point b a (new) / Regulation (EU) No 2023/2854 / Article 19 – paragraph 3 a

Additional proposed wording Amendment 667 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

(aa) In Article 19, paragraph 1, point c is replaced by the following

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point a a (new) / Regulation (EU) 2023/2854 / Article 19 – paragraph 1 – point c

Additional proposed wording Amendment 668 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE

(aa) In Article 19, paragraph 1, point c is replaced by the following

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point a a (new) / Regulation (EU) 2023/2854 / Article 19 – paragraph 1– point c

Alternative wording Amendment 669 · Diana Iovanovici Şoşoacă ITRE · LIBE
(3) Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct, as well as the implementation of data minimisation principles, needs-based access separation, encryption of data in transit and at rest, and regular monitoring and assessment of the risks of unauthorised disclosure. In case of disclosure, the public sector body, the Commission, the European Central Bank or the Union body shall notify the trade secret holder within a reasonable period of time, limit the disclosure to what is strictly necessary and take remedial measures, including data recovery or termination of disclosure, as requested or decided upon by the competent authority. Any authorised disclosure shall be conducted in accordance with the applicable legal framework, respecting the rights of the trade secret holder, the safeguards adopted and the principles of transparency, proportionality and information security. The trade secret holder may request that compliance with those measures be monitored and may challenge an unjustified or excessive disclosure before the competent authorities.
Justification

Data privacy is essential, even in emergency situations, and requires clearly defined conditions for access and protection.

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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point b / Regulation (EU) 2023/2854 / Article 19 – paragraph 3

Alternative wording Amendment 670 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct. The disclosure of trade secrets shall not automatically prevent access; instead, it must trigger protective measures, limitations, and controls. Such measures must be proportionate and designed to safeguard the confidentiality of trade secrets while allowing necessary access in response to public sector requests.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point b / Regulation (EU) 2023/2854 / Article 19 – paragraph 1

Alternative wording Amendment 671 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures pursuant to Article 4(6) of this Regulation to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, confidentiality agreements, strict access protocols, technical standards and the application of codes of conduct.;
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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point b / Regulation (EU) 2023/2854 / Article 19 – paragraph 3

Additional proposed wording Amendment 672 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

3a. In Article 19, the following paragraph 3a is added:

The public sector body, the Commission, the European Central Bank or the Union body, as well as any joint undertaking, shall ensure that trade secrets obtained in the context of a public emergency are erased as soon as they are no longer necessary for the purpose for which the request was made. Where such data are shared with a third party, the recipient shall, to the extent possible, be granted access without transmission or downloading of the data, and shall be bound to erase the data once they are no longer necessary and not to transmit them onward to any further party.

Justification

The disclosure of trade secrets to public bodies in the context of a public emergency, even where strictly necessary, exposes their holders to a heightened risk of unlawful use or onward dissemination. In order to preserve the confidentiality of trade secrets and the freedom to conduct a business, the safeguards should not be confined to the moment of disclosure but should extend to the subsequent handling of the data. This amendment provides that trade secrets obtained during a public emergency, including by any joint undertaking, are to be erased once they are no longer necessary, and that any sharing with a third party is, to the extent possible, to take place without transmission or downloading of the data, coupled with an obligation to erase and a prohibition on onward transmission. These measures ensure that the emergency-related use of trade secrets remains strictly proportionate to the purpose pursued.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 11 – point b / Regulation (EU) 2023/2854 / Article 19 – paragraph 3a (new)