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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 23 – Removing obstacles to effective switching

Only Parliament amendments would change this article. Parliament committees have tabled 1 amendment to this article.

Latest text22 October 2026ST 14756/26

Contains no amendment to this article.

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
  2. 10 Jun 2026 Council textST 10426/26 No amendment to this article.
  3. 18 Jun 2026 Council textST 10677/26 No amendment to this article.
  4. 27 Jul 2026 ITRE–LIBE amendments 527–776 to the draft reportCJ72-AM-791071 1 amendment to this article. Amendments in this document
  5. 3 Sep 2026 Council textST 12535/26 No amendment to this article.
  6. 2 Oct 2026 Council textST 13886/26 No amendment to this article.
  7. 22 Oct 2026 Council textST 14756/26 No amendment to this article.

Parliament amendments

1 amendment to this article

1 would add wording.

By political group; co-sponsored amendments count for each group
TypeECRPfE
+ Addition11

By political group

  • + Addition ECR 1 PfE 1
  1. 684 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “For the switching of services involving the training or operation of artificial intelligence models or other compute-intensive workloads, the…”

    14a. In Article 23, the following paragraph 2b is inserted:

    For the switching of services involving the training or operation of artificial intelligence models or other compute-intensive workloads, the obligations under paragraph 2 shall be understood as requiring functional portability. Functional portability is ensured where the provider of data processing services enables the customer to:

    (a)export trained model parameters, including model weights, in commonly used and interoperable formats;

    (b)obtain the configuration necessary to redeploy the workload in an alternative environment, including through infrastructure-as-code templates or equivalent means.

    Proprietary compute optimisations that are specific to a given hardware or software environment, and that cannot reasonably be replicated in an alternative environment, shall not be subject to the obligations under paragraph 2, provided that the provider offers equivalent functional performance guarantees for the redeployment of the workload. Such optimisations shall not be used to create obstacles to switching within the meaning of point (a) of paragraph 2.

    The technical standards and formats referred to in this paragraph, including any exceptions specific to artificial intelligence and compute-intensive workloads, may be specified in the implementing acts referred to in Articles 30(3) and 33(5).

    Justification

    Article 23 requires providers to enable data portability, but that requirement is technically unachievable for many AI workloads, in particular large models trained on custom high-performance computing clusters relying on hardware-specific optimisations. The amendment introduces functional portability: export of model parameters in interoperable formats and provision of the configuration necessary to redeploy the workload. Proprietary compute optimisations are exempted only where the provider offers equivalent functional performance guarantees, and may not be used to create obstacles to switching.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 23 – paragraph 2b (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 14 a (new) / Regulation (EU) 2023/2854 / Article 23 – paragraph 2b (new)