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 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.
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 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:- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
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.
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 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.
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 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 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:- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (c)
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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
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.
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.
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 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 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:- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (c)
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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
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.
Article 19(1), introductory wording
June Presidency compromise · 18 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 · 18 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.
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 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:- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
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.
Article 19(1), introductory wording
September Presidency compromise
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)
September Presidency compromise
Council wording reconstructed for this provision from the official operation
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.."
Article 19(1), introductory wording 3 Council drafts
Article 19(1), introductory wording
10 June 2026 · 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(1), introductory wording
18 June 2026 · June Presidency compromise · 18 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(1), introductory wording
3 September 2026 · September Presidency compromise
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) 3 Council drafts
Article 19(3)
10 June 2026 · 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.
Article 19(3)
18 June 2026 · June Presidency compromise · 18 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.
Article 19(3)
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
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)
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.
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 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:- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.’;
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
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.
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.’;
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 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.
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
Alternative wording Amendment 254 · Morten Løkkegaard, Svenja Hahn, Sandro Gozi IMCO
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.;
- 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.
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.
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 3a.
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.
- 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.
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
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 information in the context of transparency obligations.'
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.'
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 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.
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
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 information in the context of transparency obligations.’
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.’
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 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.
Alternative wording Amendment 669 · Diana Iovanovici Şoşoacă ITRE · LIBE
Justification
Data privacy is essential, even in emergency situations, and requires clearly defined conditions for access and protection.
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 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.
Alternative wording Amendment 670 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 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.
Alternative wording Amendment 671 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 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.
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.
against:
Article 19
Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.
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:
- (a)
not use the data in a manner incompatible with the purpose for which they were requested;
- (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;
- (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.
- (a)
- 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:
- (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;
- (b)
share the data with another third party for any of the purposes referred to in point (a).
- (a)
- 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.
- 3a.
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.
- 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.
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Article 19(1), 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 19(1), introductory wording
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
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Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 19(1), 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 19 – paragraph 1 – point c
Wording reproduced in the amendment → Amendment 33 · JURI draft opinion · Brando Benifei (rapporteur)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 33 · JURI draft opinion · Brando Benifei (rapporteur)
Article 19(3)
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 19(3)
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 19(3)
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 19(3)
Wording reproduced in the amendment → Amendment 669 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 669 · ITRE–LIBE amendments 527–776 to the draft report
Article 19(3)
Wording reproduced in the amendment → Amendment 670 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 670 · ITRE–LIBE amendments 527–776 to the draft report
Article 19(3)
Wording reproduced in the amendment → Amendment 671 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 671 · ITRE–LIBE amendments 527–776 to the draft report
Article 19(3)
Wording reproduced in the amendment → Amendment 254 · IMCO amendments 125–328 to the draft opinion
Changes in context
RemovedAdded