Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 22a

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

Article total: 1 part · 3 Council drafts · 5 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 the Commission proposal change affecting this article applied.

Article 22a

Right to lodge a complaint

  1. Where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.’;

Commission source wording and instructions

Article 22a

Commission proposal

Article 22a Right to lodge a complaint Where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.

Institutional text

Council Presidency texts

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

Article 22a

June Presidency compromise · 10 June

Article 22a Right to lodge a complaint Where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.

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 54 IMCO draft opinion · Alex Agius Saliba (rapporteur)
WhereWithout prejudice to Article 38, where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.;
Justification

Included to address the concerns raised in EDPB-EDPS joint opinion paragraph 158.

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Alternative wording Amendment 258 · Virginie Joron IMCO
Where a dispute arises concerning a request for data under Article 15a, including its refusal or modification, modificationpursuant to Article 18(5), the level of compensation, or the transmission or making available of data, pursuant to Article 21, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established. Before making a referral to the competent authority, the parties shall endeavour, where applicable, to resolve the dispute by modifying the request.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22 a

Alternative wording Amendment 681 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
Where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.; Where the data requested by the Commission, the European Central Bank or the Union body concerns personal data, the complaint shall be referred to the supervisory authority within the meaning of Regulation (EU) 2016/679 of the Member State where the data holder is established and the European Data Protection Supervisior (EDPS). Where the data requested by the public body concerns personal data, the complaint shall be referred to the supervisory authority within the meaning of Regulation (EU) 2016/679 of the Member State where the data holder is established and the European Data Protection Board (EDPB).
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22a – paragraph 1

Alternative wording Amendment 682 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Where a dispute arises concerning a request for data under Article 15a, including its refusal, or modification under Article 18(5), the level of compensation, or the transmission or making available of data under Article 21(5), the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.; Prior to referring the matter to the competent authority, the parties shall, where appropriate, seek to resolve the dispute through a modification of the request.
Justification

In the interest of legal certainty and of a coherent system of remedies, Article 22a establishes a single procedural avenue for the settlement of disputes arising from data requests made in the context of a public emergency.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22a – paragraph 1

Alternative wording Amendment 683 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
WhereWithout prejudice to Article 38, where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.;
Justification

The amendment is necessary to ensure legal certainty and a coherent enforcement framework under the Data Act. Introducing a separate right to lodge a complaint in Chapter V, while maintaining the horizontal complaints mechanism in Article 38, creates unnecessary overlap and uncertainty as to the applicable procedural rules. Aligning or merging these provisions would ensure a single, consistent complaints mechanism across the Regulation, in line with the recommendations of the European Data Protection Board and the European Data Protection Supervisor.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22a – paragraph 1