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Texts to 22 Oct 2026

Data Act· Article 32c

Text

Article 32c Data Act as printed in the Council text of 22 October 2026

General requirements for registration of recognised data intermediation services providers

Source Council, 22 October 2026. Article 32c: ST 14756/26, page 84 · Article 32c · pp. 84–86 · exact text page

Article 32c

In order to qualify for registration in the public Union register referred to in Article 32a paragraph 1 point (a), data intermediation services providers shall meet all of the following requirements:

Article 32c, heading

General requirements for registration of recognised data intermediation services providers

Article 32c(a)

(a)

they do not use the data for which it provides data intermediation services for purposes other than to put them at the disposal of data users;

Article 32c(b)

(b)

the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service, which may entail the use of data for the detection of fraud or for cybersecurity.

Article 32c(c)

(c)

where they offer additional tools and services to data holders, data subjects or data users for the specific purpose of facilitating the exchange of data, such as temporary storage, curation, conversion, encryption, anonymisation and pseudonymisation or other relevant privacy-enhancing technologies, such tools and services are used only at the explicit request or approval of the data holder or data subject or data user;

Article 32c(d)

(d)

where data intermediation service providers offer services to their clients other than data intermediation services and the additional tools and services referred to in point (c), they fulfil the following conditions:

Article 32c(d)(i)

(i)

such other services are explicitly requested by the data holder, data subject or data user;

Article 32c(d)(ii)

(ii)

the data are not used for other purposes than performing the requested service;

Article 32c(d)(iii)

(iii)

the data intermediation services are offered through an entity functionally separate from entities offering other services;

Article 32c(d)(iv)

(iv)

the undertaking seeking to offer the other services is not designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;

Article 32c(d)(v)

(v)

the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user are not dependent upon whether the data holder or data user uses other services provided by the data intermediation services provider or by a related entity;

Article 32c(e)

(e)

the data intermediation services provider offering services to data subjects acts in the data subjects’ best interest where it facilitates the exercise of their rights, in particular by informing and, where appropriate, advising data subjects in a concise, transparent, intelligible and easily accessible manner about intended data uses by data users and standard terms and conditions attached to such uses before data subjects give consent.

Article 32c(f)

(f)

the data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both data subjects and data holders, as well as for data users, including with regard to prices and terms of service;

Article 32c(g)

(g)

the data intermediation services provider maintains a log record of the data intermediation activity;

Article 32c(h)

(h)

the data intermediation services provider takes necessary technical or organizational measures to ensure an appropriate level of security for the storage, processing and transmission of non-personal data.

Article 32c (continued)

Point (d)(iii), of the first sub-paragraph does not apply to micro and small sized enterprises.

Article 32c in the whole Data Act

How the provision changed

Show the statuses

Each text against the law in forceEach text against the text before it

What each text would do to the law in force
Element Commission19 Nov 2025Art 32c Council10 Jun 2026Art 32c Council18 Jun 2026Art 32c Council3 Sep 2026Art 32c Council2 Oct 2026Art 32c Council22 Oct 2026Art 32c
Compared withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 Oct text
From the Commission’s Article 32c
Heading and introductory wording
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32c, introductory wording Adds Unchanged
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Data used only to make them available to data users
32c(a) Adds Added
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32c(a) Adds Unchanged
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Use of activity data only to develop the service
32c(b) Adds Added
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32c(b) Adds, changed since 18 Jun Changed
32c(b) Adds Unchanged
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Additional tools and services only on request
32c(c) Adds Added
32c(c) Adds, changed since the proposal Changed
32c(c) Adds Unchanged
32c(c) Adds Unchanged
32c(c) Adds Unchanged
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Conditions for offering other services
32c(d) Adds Added
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Acting in data subjects’ best interest
32c(e) Adds Added
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Added in the Council texts
Fair, transparent and non-discriminatory access
Not in the law in force or this text In neither text
32c(f) Adds, added since the proposal Added
32c(f) Adds Unchanged
32c(f) Adds Unchanged
32c(f) Adds Unchanged
32c(f) Adds Unchanged
Log record of intermediation activity
Not in the law in force or this text In neither text
32c(g) Adds, added since the proposal Added
32c(g) Adds Unchanged
32c(g) Adds Unchanged
32c(g) Adds Unchanged
32c(g) Adds Unchanged
Security of non-personal data
Not in the law in force or this text In neither text
32c(h) Adds, added since the proposal Added
32c(h) Adds Unchanged
32c(h) Adds Unchanged
32c(h) Adds Unchanged
32c(h) Adds Unchanged

Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before

Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text

Parliament amendments

66 amendments to this article

1 amendment would delete the whole article: members of Greens/EFA.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfEESNNIRapporteur
− Deletion··2·······
~ Alternative2463322··11
+ Addition1294···2113

By political group

  • − Deletion Greens/EFA 2
  • ~ Alternative The Left 2 S&D 4 Greens/EFA 6 Renew 3 EPP 3 ECR 2 PfE 2 Rapporteur 11
  • + Addition The Left 1 S&D 2 Greens/EFA 9 Renew 4 ESN 2 NI 1 Rapporteur 13

Show

Article 32c as a whole13 amendments

  1. 42 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user are not dependent upon…”

    (v) the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user are not dependent upon whether the data holder or data user uses value-addedother services provided by the data intermediation services provider or by a related entity;

    Justification

    This amendment improves the clarity and consistency of the provision by referring more broadly to ‘other services’ rather than ‘value-added services’. It helps ensure that neutrality and anti-tying safeguards apply to all additional commercial services linked to data intermediation activities.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point v
  2. 59 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “where data intermediation service providers offer value-added services to their clients other than the services referred to in point (c), they fulfil…”

    (d) where data intermediation service providers which are not micro and small sized enterprises offer value-added services to their clients other than the services referred to in point (c), they fulfil the following conditions:

    Justification

    In line with the EDPB-EDPS joint opinion, paragraph 138.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – introductory part
  3. 200 Alternative Emil RadevEPP · JURI “General requirements for voluntary registration of recognised data intermediation services providers”

    General requirements for voluntary registration of recognised data intermediation services providers

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Data Act Article 32c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – title
  4. 207 Addition David CormandGreens/EFA · JURI “The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both…”

    (ea)The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both data subjects and data holders, as well as for data users, including with regard to prices and terms of service.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
  5. 208 Addition David CormandGreens/EFA · JURI “The data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price…”

    (eb)The data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
  6. 209 Addition David CormandGreens/EFA · JURI “The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the…”

    (ec)The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the storage, processing and transmission of non-personal data, including by maintaining a log record of the intermediation.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
  7. 210 Addition David CormandGreens/EFA · JURI “The data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking…”

    (ed)The data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking access through its data intermediation services.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
  8. 211 Addition David CormandGreens/EFA · JURI “The data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data…”

    (ee)The data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
  9. 724 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “General requirements for data intermediation services providers”

    General requirements for registration of recognised data intermediation services providers

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – title
  10. 725 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “A data intermediation services provider shall meet all of the following requirements:”

    In order to qualify for registration in the public Union register referred to in Article 32a paragraph 1 point (a), aA data intermediation services provider shall meet all of the following requirements:

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32c – paragraph 1 – introductory part
  11. 726 Alternative João OliveiraThe Left · ITRE–LIBE “point (a) and paragraph 1a”

    In order to qualify for registration in the public Union registerregisters referred to in Article 32a paragraph 1 point (a) and paragraph 1a point (a), a data intermediation services provider shall meet all of the following requirements:

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32c
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – introductory part
  12. 736 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “where data intermediation service providers offer value-added services to their clients other than the services referred to in point (c), they fulfil…”

    (d) where data intermediation service providers which are not micro and small sized enterprises offer value-added services to their clients other than the services referred to in point (c), they fulfil the following conditions:

    Justification

    This amendment addresses concerns expressed in the EDPB-EDPS opinion. The Proposal does not specifically justify the reason for exempting small and micro enterprises entirely from the functional separation requirement. Ensuring neutrality by managing conflicting interests would appear relevant, regardless of enterprise size.

    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 32c
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d
  13. 742 Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the proposed article

    (v) the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user are not dependent upon whether the data holder or data user uses value-added services provided by the data intermediation services provider or by a related entity;

    Justification

    Moved

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point v

Point (b)Use of activity data only to develop the service3 amendments

  1. 201 Deletion David CormandGreens/EFA · JURI Deletes the Commission’s wording

    (b) the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service;

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32c(b)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – point b
  2. 202 Alternative Mario MantovaniECR · JURI “and only in so far as such use adheres to the principle of user control referred to in Article 4(11), including, where applicable, the user’s consent…”

    (b) the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service and only in so far as such use adheres to the principle of user control referred to in Article 4(11), including, where applicable, the user’s consent or explicit request. This provision shall not preclude manufacturers or other relevant economic operators from accessing such metadata for the purposes of fulfilling their legal requirements under Union law;

    Justification

    Authorising data intermediation service providers to use metadata for the benefit of their own development without providing suitable user controls would contravene the principle of control enshrined in Article 4(11). Only authorising data intermediation service providers to access metadata would undermine the level playing field. SMEs may also need to access metadata to comply with Union requirements such as the General Production Safety Regulation. Clarifying this would prevent legal fragmentation and ensure that SMEs continue to comply with Union legislation.

    Tabled by
    Mario Mantovani
    Group
    ECR
    Targets
    Data Act Article 32c(b)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – point b
  3. 728 Alternative Michael McNamara +4Renew · ITRE–LIBE “which may entail the use of data for the detection of fraud or cybersecurity”

    (b) the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service, which may entail the use of data for the detection of fraud or cybersecurity;

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32c(b)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c– paragraph 1 – point b

Point (c)Additional tools and services only on request3 amendments

  1. 279 Alternative Virginie JoronPfE · IMCO “form, the provider shall apply state-of-the-art techniques aimed at preserving and reinforcing privacy protection.”

    (c) where they offer additional tools and services to data holders or data subjects for the specific purpose of facilitating the exchange of data, such as temporary storage, curation, conversion, encryption, anonymisation and pseudonymisation, such tools and services are used only at the explicit request or approval of the data holder or data subject;the data intermediation services provider shall provide the tools and services necessary for facilitating the exchange of data, such as temporary storage, preservation, conversion, encryption, anonymisation and pseudonymisation, and shall implement appropriate technical and organisational measures to prevent the re-identification of pseudonymised data, personal data breaches and any unlawful acquisition, use, disclosure or transfer of data for which it provides data intermediation services; where the data are made available in pseudonymised or anonymised form, the provider shall apply state-of-the-art techniques aimed at preserving and reinforcing privacy protection.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32c(c)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32 c
  2. 730 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “form, the provider shall apply state-of-the-art privacy-preserving and privacy-enhancing techniques to that effect.”

    (c) where they offer additional tools and services to data holders or data subjects for the specific purpose of facilitating the exchange of data, such as temporary storage, curation, conversion, encryption, anonymisation and pseudonymisation, such tools and services are used only at the explicit request or approval of the data holder or data subject;the data intermediation services provider shall provide the tools and services necessary to facilitate the exchange of data, such as temporary storage, curation, conversion, encryption, anonymisation and pseudonymisation, and shall systematically implement appropriate technical and organisational measures to prevent the re-identification of pseudonymised data, personal data breaches, and any unlawful acquisition, use, disclosure or transfer of the data for which it provides data intermediation services; where the data are made available in pseudonymised or anonymised form, the provider shall apply state-of-the-art privacy-preserving and privacy-enhancing techniques to that effect.

    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 32c(c)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point c
  3. 731 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “where they offer additional tools and services to data holders or data subjects for the specific purpose of facilitating the exchange of data, such…”

    (c) where they offer additional tools and services to data holders or data subjects for the specific purpose of facilitating the exchange of data, such as temporary storage, curation, conversion, encryption, anonymisation and pseudonymisation, such tools and services are used only at the explicit request or approval of the data holder or explicit consent of the data subject;

    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 32c(c)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point c

Point (d)(i)Conditions for offering other services1 amendment

  1. 38 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “data holder or data subject”

    (i) thesuch value-addedother services are explicitly requested by the userdata holder or data subject;

    Justification

    This amendment clarifies that value-added services may only be provided at the explicit request of the relevant data holder or data subject and that data may only be used for the specific requested service. This strengthens user control, purpose limitation and legal certainty within data intermediation services.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c(d)(i)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point i

Point (d)(ii)Conditions for offering other services4 amendments

  1. 25 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “such as advertising, profiling, ranking, price discrimination and training of AI systems”

    (ii) the data are not used for purposes other purposes than performing the value-added service, such as advertising, profiling, ranking, price discrimination and training of AI systems;

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32c(d)(ii)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point ii
  2. 39 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “the data are not used for other purposes than performing the requested service;”

    (ii) the data are not used for other purposes than performing the value-addedrequested service;

    Justification

    This amendment clarifies that value-added services may only be provided at the explicit request of the relevant data holder or data subject and that data may only be used for the specific requested service. This strengthens user control, purpose limitation and legal certainty within data intermediation services.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c(d)(ii)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point ii
  3. 737 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “such as advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of…”

    (ii) the data are not used for other purposes than performing the value-added service, such as advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject;

    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 32c(d)(ii)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point ii
  4. 738 Alternative João OliveiraThe Left · ITRE–LIBE “including advertising, profiling, ranking, price discrimination and training of AI systems”

    (ii) the data are not used for other purposes than performing the value-added service, including advertising, profiling, ranking, price discrimination and training of AI systems;

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32c(d)(ii)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point ii

Point (d)(iii)Conditions for offering other services10 amendments

  1. 26 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “from the data intermediation service provider. Micro, small and medium- sized enterprises may rely on a functional separation only where they…”

    (iii) the value-added services are offered through a functionally separate entity;the value-added services are offered through a separate legal person that is legally, organisationally and operationally separate from the data intermediation service provider. Micro, small and medium- sized enterprises may rely on a functional separation only where they demonstrate that such separation ensures equivalent protection against conflicts of interest, cross-use of data and discriminatory treatment;

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32c(d)(iii)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iii
  2. 40 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “separate legal person that is legally, organisationally and operationally”

    (iii) the value-added services are offered through a functionallyseparate legal person that is legally, organisationally and operationally separate entityfrom the data intermediation service provider;

    Justification

    This amendment strengthens the independence and neutrality of data intermediation services by requiring a clear legal, organisational and operational separation between intermediation activities and other commercial services. This helps reduce conflicts of interest, improve trust and prevent the indirect exploitation of shared data.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c(d)(iii)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iii
  3. 60 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “separate entity that is legally, organisationally and operationally”

    (iii) the value-added services are offered through a functionallyseparate entity that is legally, organisationally and operationally separate entityfrom the data intermediation service provider;

    Justification

    In line with the EDPB-EDPS opinion paragraph 135.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c(d)(iii)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iii
  4. 203 Alternative David CormandGreens/EFA · JURI “that is legally, organisationally and operationally separate from the data intermediation service provider”

    (iii) the value-added services are offered through a functionally separate entity that is legally, organisationally and operationally separate from the data intermediation service provider;

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32c(d)(iii)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point d – point iii
  5. 204 Alternative Laurence FarrengRenew · JURI “from the data intermediation service provider”

    (iii) the value-added services are offered through a functionallylegally, organisationally and operationally separate entity from the data intermediation service provider;

    Tabled by
    Laurence Farreng
    Group
    Renew
    Targets
    Data Act Article 32c(d)(iii)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point d – point iii
  6. 205 Alternative Emil RadevEPP · JURI “separate legal person. SMEs/SMCs may offer value-added services through a”

    (iii) the value-added services are offered through a separate legal person. SMEs/SMCs may offer value-added services through a functionally separate entity;

    Justification

    This amendment reverts to the original wording to preserve the independence of data intermediation services. In a highly concentrated cloud market, allowing providers to act as intermediaries may create conflicts of interest. The requirement for a separate legal entity ensures functional separation, transparency and effective oversight, thereby fostering trust and fair competition.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Data Act Article 32c(d)(iii)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point d – point iii
  7. 280 Alternative David CormandGreens/EFA · IMCO “that is legally, organisationally and operationally separate from the data intermediation service provider”

    (iii) the value-added services are offered through a functionally separate entity that is legally, organisationally and operationally separate from the data intermediation service provider;

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c(d)(iii)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c
  8. 281 Alternative Sophia KircherEPP · IMCO “separate legal person. SMEs/SMCs may offer value-added services through a”

    (iii) the value-added services are offered through a separate legal person. SMEs/SMCs may offer value-added services through a functionally separate entity;

    Tabled by
    Sophia Kircher
    Group
    EPP
    Targets
    Data Act Article 32c(d)(iii)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph d – III
  9. 739 Alternative Michael McNamara +4Renew · ITRE–LIBE “as demonstrated by criteria including technical and organisational segregation of data, absence of conflicts of interest, cross-use of data, and…”

    (iii) the value-added services are offered through a functionally separate entity, as demonstrated by criteria including technical and organisational segregation of data, absence of conflicts of interest, cross-use of data, and discriminatory treatment, and separate management, financing and staff;

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32c(d)(iii)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iii
  10. 740 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “the value-added services are offered through a legally separate entity;”

    (iii) the value-added services are offered through a functionallylegally separate entity;

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c(d)(iii)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iii

Point (d)(iv)Conditions for offering other services3 amendments

  1. 41 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “the undertaking seeking to offer the other services is not designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;”

    (iv) the undertaking seeking to offer the value-addedother services is not designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;

    Justification

    This amendment improves the clarity and consistency of the provision by referring more broadly to ‘other services’ rather than ‘value-added services’. It helps ensure that neutrality and anti-tying safeguards apply to all additional commercial services linked to data intermediation activities.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c(d)(iv)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iv
  2. 61 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Very Large Online Platform pursuant to Article 33 of Regulation (EU) 2022/1925 or as a”

    (iv) the undertaking seeking to offer the value-added services is not designated as a Very Large Online Platform pursuant to Article 33 of Regulation (EU) 2022/1925 or as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c(d)(iv)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iv.
  3. 741 Alternative Elena Sancho Murillo +7S&D · ITRE–LIBE “a very large enterprise, including gatekeepers”

    (iv) the undertaking seeking to offer the value-added services is not designateda very large enterprise, including gatekeepers as a gatekeeperdesignated pursuant to Article 3 of Regulation (EU) 2022/1925;

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 32c(d)(iv)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point d – point iv

Point (e)Acting in data subjects’ best interest2 amendments

  1. 62 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price…”

    (e) the data intermediation services provider offering services to data subjects acts in the data subjects’ best interest where it facilitates the exercise of their rights, in particular by informing and, where appropriate, advising data subjects in a concise, transparent, intelligible and easily accessible manner about intended data uses by data users and standard terms and conditions attached to such uses before data subjects give consent. Data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c(e)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e
  2. 282 Alternative David CormandGreens/EFA · IMCO “Data intermediation service providers shall not use data made available through their services for advertising, insurance, profiling, ranking, price…”

    (e) the data intermediation services provider offering services to data subjects acts in the data subjects’ best interest where it facilitates the exercise of their rights, in particular by informing and, where appropriate, advising data subjects in a concise, transparent, intelligible and easily accessible manner about intended data uses by data users and standard terms and conditions attached to such uses before data subjects give consent. Data intermediation service providers shall not use data made available through their services for advertising, insurance, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c(e)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – point e

New points27 amendments

  1. 21 Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “they have in place adequate technical, legal and organisational measures in order to prevent the transfer of or access to non-personal data that is…”

    (ba)they have in place adequate technical, legal and organisational measures in order to prevent the transfer of or access to non-personal data that is contrary to Union law or the national law of the relevant Member State;

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32c – paragraph 1 – point ba (new)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point b a (new)
  2. 22 Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “they keep a log record of their data intermediation activity, corresponding to the risks involved;”

    (bb)they keep a log record of their data intermediation activity, corresponding to the risks involved;

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32c – paragraph 1 – point b b (new)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point b b (new)
  3. 23 Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “they provide for a possibility to use the details collected about activity on the data intermediation service for the purposes of security and…”

    (bc)they provide for a possibility to use the details collected about activity on the data intermediation service for the purposes of security and detection of abusive or fraudulent access;

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32c – paragraph 1 – point b c (new)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point b c (new)
  4. 24 Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “they provide an opportunity for, data subjects to exercise their rights in the event of insolvency;”

    (bd)they provide an opportunity for, data subjects to exercise their rights in the event of insolvency;

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32c – paragraph 1 – point b d (new)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point b d (new)
  5. 43 Addition Brando Benifei (rapporteur)Rapporteur · JURI “the data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price…”

    (ea)the data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject;

    Justification

    This amendment strengthens the neutrality and trustworthiness of data intermediation services by prohibiting the secondary commercial exploitation of data made available through such services. It helps ensure that data intermediation providers act solely as neutral facilitators and not as entities monetising or repurposing shared data for their own commercial interests.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point ea (new)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e a (new)
  6. 44 Addition Brando Benifei (rapporteur)Rapporteur · JURI “the data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for data…”

    (eb)the data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for data subjects and data holders, as well as for data users, including with regard to prices and terms of service;

    Justification

    This amendment strengthens fairness and neutrality obligations for data intermediation services by ensuring that access conditions, pricing and terms of service remain transparent and non-discriminatory for all parties involved.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point e b (new)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e b (new)
  7. 45 Addition Brando Benifei (rapporteur)Rapporteur · JURI “the data intermediation services provider maintains a log record of the data intermediation activity;”

    (ec)the data intermediation services provider maintains a log record of the data intermediation activity;

    Justification

    This amendment improves accountability and traceability by requiring data intermediation service providers to maintain records of their intermediation activities.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point e c (new)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e c (new)
  8. 46 Addition Brando Benifei (rapporteur)Rapporteur · JURI “the data intermediation services provider takes necessary technical or organisational measures to ensure an appropriate level of security for the…”

    (ed)the data intermediation services provider takes necessary technical or organisational measures to ensure an appropriate level of security for the storage, processing and transmission of non-personal data.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point e d (new)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e d (new)
  9. 63 Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both…”

    (ea)The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both data subjects and data holders, as well as for data users, including with regard to prices and terms of service;

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point ea (new)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e a (new)
  10. 64 Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “The data intermediation services provider maintains a log record of the data intermediation activity;”

    (eb)The data intermediation services provider maintains a log record of the data intermediation activity;

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point e b (new)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e b (new)
Show 17 more amendments
  1. 65 Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the…”

    (ec)The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the storage, processing and transmission of non-personal data;

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point e c (new)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e c (new)
  2. 66 Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “The data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking…”

    (ed)The data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking access through its data intermediation services;

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point e d (new)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e d (new)
  3. 67 Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “the data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data…”

    (ee)the data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32c – paragraph 1 – point e e (new)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e e (new)
  4. 206 Addition Arash SaeidiThe Left · JURI “the data intermediation services provider takes necessary technical or organisational measures to ensure that storage of non-personal data can be…”

    (ea)the data intermediation services provider takes necessary technical or organisational measures to ensure that storage of non-personal data can be done on the territory of the European Union upon explicit and motivated request of the data explicit request of the data holder or data subject;

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    Data Act Article 32c – paragraph 1 – point ea (new)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point e a (new)
  5. 283 Addition David CormandGreens/EFA · IMCO “The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both…”

    (ea)The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both data subjects and data holders, as well as for data users, including with regard to pricing structure, contracts and terms of service;

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c – paragraph 1 – point ea (new)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – point e a (new)
  6. 284 Addition Kateřina KonečnáNI · IMCO “the data intermediation services provider takes necessary technical or organisational measures to ensure that storage of non-personal data can be…”

    (ea)the data intermediation services provider takes necessary technical or organisational measures to ensure that storage of non-personal data can be done on the territory of the European Union upon explicit and motivated request of the data explicit request of the data holder or data subject;

    Tabled by
    Kateřina Konečná
    Group
    NI
    Targets
    Data Act Article 32c – paragraph 1 – point ea (new)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point ea(new)
  7. 285 Addition David CormandGreens/EFA · IMCO “The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the…”

    (eb)The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the storage, processing and transmission of non-personal data, including by maintaining a log record of the intermediation and have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking access through its data intermediation services;

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c – paragraph 1 – point e b (new)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – point e b (new)
  8. 286 Addition David CormandGreens/EFA · IMCO “The data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data…”

    (ec)The data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c – paragraph 1 – point e c (new)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – point e c (new)
  9. 727 Addition Damian BoeselagerGreens/EFA · ITRE–LIBE ‘the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user shall be provided in a…

    (aa)‘the commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user shall be provided in a transparent and non-discriminatory manner and not be dependent upon whether the data holder or data user uses other services provided by the same data intermediation services provider or by a related entity, and if so to what degree the data holder or data user uses such other services;’

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32c – paragraph 1 – point aa (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point aa (new)
  10. 729 Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “they shall provide that, in the event of insolvency, data subjects have an opportunity to exercise their rights, ensuring a reasonable continuity of…”

    (ba) In Article 32c, paragraph 1, the following point is inserted

    (ba)they shall provide that, in the event of insolvency, data subjects have an opportunity to exercise their rights, ensuring a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights;'

    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 32c – paragraph 1 – point ba (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point ba (new)
  11. 732 Addition Michael McNamara +4Renew · ITRE–LIBE “where a data intermediation services provider provides tools for obtaining consent from data subjects or permissions to process data made available…”

    (ca) In Article 32c, paragraph 1, the follwoing point is inserted

    (ca)where a data intermediation services provider provides tools for obtaining consent from data subjects or permissions to process data made available by data holders, it shall, where relevant, specify the third-country jurisdiction in which the data use is intended to take place and provide data subjects with tools to both give and withdraw consent and data holders with tools to both give and withdraw permissions to process data;'

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32c – paragraph 1 – point ca (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point ca (new)
  12. 733 Addition Michael McNamara +4Renew · ITRE–LIBE “the data intermediation services provider shall maintain a log record of the data intermediation activity, corresponding to the risks involved;'”

    (cb) In Article 32c, paragraph 1, the following point is inserted

    (cb)the data intermediation services provider shall maintain a log record of the data intermediation activity, corresponding to the risks involved;'

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32c – paragraph 1 – point cb (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point cb (new)
  13. 734 Addition Michael McNamara +5Renew · ITRE–LIBE “the data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking…”

    (cc) In Article 32c, paragraph 1, the following point is inserted

    (cc)the data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking access through its data intermediation services, corresponding to the risks involved;'

    Tabled by
    Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32c – paragraph 1 – point cc (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point cc (new)
  14. 735 Addition Michael McNamara +4Renew · ITRE–LIBE “the data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data…”

    (cd) In Article 32c, paragraph 1, the following point is inserted

    (cd)the data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights;'

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32c – paragraph 1 – point cd (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point cd (new)
  15. 743 Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “the data intermediation services provider ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both…”

    (ea) In Article 32c, paragraph 1, the following point is added

    (ea)the data intermediation services provider ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both data subjects and data holders, as well as for data usrs, including with regard to prices and terms of service;'

    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 32c – paragraph 1 – point ea (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point ea (new)
  16. 744 Addition Mary KhanESN · ITRE–LIBE “where the data intermediation service passes on personal data, special categories of personal data or data held by public sector bodies, this shall…”

    in Article 32c(1), the following point (ea) is added

    where the data intermediation service passes on personal data, special categories of personal data or data held by public sector bodies, this shall remain legally and organisationally separate from the provider’s other activities.’

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    Data Act Article 32c – paragraph 1 – point ea (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e a (new)
  17. 745 Addition Mary KhanESN · ITRE–LIBE “the provider must not merge the data passed on, or any data derived from it, with data from other services, or use it for advertising, profiling…”

    in Article 32c(1), the following point (eb) is added

    the provider must not merge the data passed on, or any data derived from it, with data from other services, or use it for advertising, profiling, scoring, creditworthiness assessment, or price customisation, or for the training, testing or validation of AI systems or AI models. The sale or other provision of such data for the provider’s own or third-parties’ secondary purposes shall be prohibited.’

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    Data Act Article 32c – paragraph 1 – point e b (new)
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32c – paragraph 1 – point e b (new)