Data Act· Article 22a
Text
Article 22a Data Act as printed in the Council text of 22 October 2026
Right to lodge a complaint
Source Council, 22 October 2026. Article 22a: ST 14756/26, page 79 · exact text page
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.;
How the article has changed
| What each text would do to the law in force | |||||||
|---|---|---|---|---|---|---|---|
| Article | Commission19 Nov 2025 | Council10 Jun 2026 | Council18 Jun 2026 | Council3 Sep 2026 | Council2 Oct 2026 | Council22 Oct 2026 | Parliamentamendments |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text | |
| 22aText of the article | Adds Added | Adds Unchanged | Adds Unchanged | Adds Unchanged | Adds Unchanged | Adds Unchanged | 6 |
Each text against the law in force: +Adds adds a provision the law in force lacks changed from the text before
Each text against the text before it: +Added in this text, not in the text before=Unchanged same as the text before
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 22a in this text
- 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 1 amendment to this article. Amendments in this document
- 10 Jun 2026 Council textST 10426/26 Unchanged Same as the text before. Article 22a in this text
- 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 22a in this text
- 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 1 amendment to this article. Amendments in this document
- 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 1 amendment to this article. Amendments in this document
- 27 Jul 2026 ITRE–LIBE amendments 527–776 to the draft reportCJ72-AM-791071 3 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 22a in this text
- 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 22a in this text
- 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 22a in this text
Article 22a: Text of the article
Added by the Commission
Parliament amendments 6
6 propose alternative wording.
| Type | S&D | Renew | ECR | PfE | Rapporteur |
|---|---|---|---|---|---|
| ~ Alternative | 1 | 2 | 1 | 2 | 1 |
By political group
- ~ Alternative S&D 1 Renew 2 ECR 1 PfE 2 Rapporteur 1
54 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Without prejudice to Article 38, where”
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.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 22a
- Document
- IMCO draft opinion
- Source
- Official text, page 44
- Printed header
- Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22a – paragraph 1
195 ~Alternative Laurence FarrengRenew · JURI “Where a dispute arises concerning a request for data under Article 15, including its refusal, modification, the level of compensation, or the…”
Where a dispute arises concerning a request for data under Article
15a15, 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.;- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Data Act Article 22a
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 110
- Printed header
- Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Before Article 22
258 ~Alternative Virginie JoronPfE · IMCO “Before making a referral to the competent authority, the parties shall endeavour, where applicable, to resolve the dispute by modifying the request.”
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.- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 22a
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 113
- Printed header
- Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22 a
681 ~Alternative Michael McNamara +4Renew · ITRE–LIBE “Where the data requested by the Commission, the European Central Bank or the Union body concerns personal data, the complaint shall be referred to…”
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).- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 22a
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22a – paragraph 1
682 ~Alternative Julie Rechagneux +8ECR, PfE · ITRE–LIBE “Prior to referring the matter to the competent authority, the parties shall, where appropriate, seek to resolve the dispute through a modification of…”
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.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Ewa Zajączkowska-Hernik, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 22a
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22a – paragraph 1
683 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “Without prejudice to Article 38, where”
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.
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 22a
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 120
- Printed header
- Article 1 – paragraph 1 – point 14 / Regulation (EU) 2023/2854 / Article 22a – paragraph 1