Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 3

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

Article total: 2 parts · 0 Council drafts · 2 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.

No standalone Commission wording is mapped to these tracked parts. A newly proposed provision may have no earlier text of its own.

Institutional text

Council Presidency texts

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

No Council wording is mapped to these tracked parts.

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

Alternative wording Amendment 224 · David Cormand on behalf of the Verts/ALE Group IMCO
2a. In Article 3, paragraph 1 is amended as follows:
1. Connected products shall be designed and manufactured, and related services shall be designed and provided, in such a manner that product data and related service data, including the relevant metadata necessary to interpret and use those data, are, by default, easily, securely, free of charge, in a comprehensive, structured, commonly used and machine-readable format, and, where relevant and technically feasible, directly accessible to the user. Where technically feasible, such access shall be available as local network access, in real time, without the data first being transmitted to, or made contingent upon the availability of, a server or cloud infrastructure operated by the manufacturer, the data holder, or a third party. The obligation shall not be considered fulfilled by an interface that transmits data to such infrastructure before returning it to the user."
Justification

This addition, which is to be read in conjunction with definition 61a and the following amendment, closes the existing loophole by which "directly accessible" often means that a user is forced to install an app that is connected to the vendor's cloud. The text ensures that the obligations remain feasible as it does not create absolute obligations where local access is genuinely not possible.

Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 2 a (new) / Regulation (EU) 2023/2854 / Article 3 – paragraph 1

Additional proposed wording Amendment 589 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE

2a. In Article 3, the following paragraph 1a is inserted:

Product data and related services data shall be made available to the user in a in real time via a physical interface or local network access. Where relevant, data holders shall explain where this is not technically feasible.

Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 2 a (new) / Regulation (EU) 2023/2854 / Article 3 – paragraph 1a (new)