Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 21

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

Article total: 3 parts · 3 Council drafts · 3 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 21

Sharing of data obtained in the context of ana exceptionalpublic needemergency with research organisations or statistical bodies

  1. 1.

    A public sector body, the Commission, the European Central Bank or a Union body shall be entitled to share data received under this Chapter:

    1. (a)

      with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested; or

    2. (b)

      with national statistical institutes and Eurostat for the production of official statistics.

  2. 2.

    Individuals or organisations receiving the data pursuant to paragraph 1 shall act on a not-for-profit basis or in the context of a public-interest mission recognised in Union or national law. They shall not include organisations upon which commercial undertakings have a significant influence which is likely to result in preferential access to the results of the research.

  3. 3.

    Individuals or organisations receiving the data pursuant to paragraph 1 of this Article shall comply with the same obligations that are applicable to the public sector bodies, the Commission, the European Central Bank or Union bodies pursuant to Article 17(3) and Article 19.

  4. 4.

    Notwithstanding Article 19(1), point (c), individuals or organisations receiving the data pursuant to paragraph 1 of this Article may keep the data received for the purpose for which the data was requested for up to six months following erasure of the data by the public sector bodies, the Commission, the European Central Bank and Union bodies.

  5. 5.

    Where a public sector body, the Commission, the European Central Bank or a Union body intends to transmit or make data available under paragraph 1 of this Article, it shall notify without undue delay notify the data holder from whom the data was received, stating the identity and contact details of the organisation or the individual receiving the data, the purpose of the transmission or making available of the data, the period for which the data is to be used and the technical protection and organisational measures taken, including where personal data or trade secrets are involved. Where the data holder disagrees with the transmission or making available of data, it may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.following:

    1. (a)

      the identity and contact details of the organisation or the individual receiving the data;

    2. (b)

      the purpose of the transmission or making available of the data;

    3. (c)

      the period for which the data is to be used and the technical protection;

    4. (d)

      the organisational measures taken, including where personal data or trade secrets are involved.

Commission source wording and instructions

Article 21, heading

Commission proposal

Sharing of data obtained in the context of a public emergency with research organisations or statistical bodies

Article 21(5)

Commission proposal

5. Where a public sector body, the Commission, the European Central Bank or a Union body intends to transmit or make data available under paragraph 1, it shall without undue delay notify the data holder from whom the data was received, stating the following: (a) the identity and contact details of the organisation or the individual receiving the data; (b) the purpose of the transmission or making available of the data; (c) the period for which the data is to be used and the technical protection; (d) the organisational measures taken, including where personal data or trade secrets are involved.

Institutional text

Council Presidency texts

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

Article 21(5)

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Remove proposed wording Amendment 193 · Laurence Farreng JURI
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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 13 – point a / Regulation (EU) 2023/2854 / Article 21 – paragraph 1 – heading

Deletion marker printed in the source: deleted

Alternative wording Amendment 679 · Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(c) the period for which the data is to be used and the technical protection;
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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 13 – point b / Regulation (EU) 2023/2854 / Article 21 – paragraph 5 – point c

Alternative wording Amendment 680 · Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(d) the technical protection and organisational measures taken, including where personal data or trade secrets are involved.;
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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 13 – point b / Regulation (EU) 2023/2854 / Article 21 – paragraph 5 – point d