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Data Act · Regulation (EU) 2023/2854

Article 32e

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

Article total: 12 parts · 3 Council drafts · 42 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 32e

Registration

  1. 1.

    Data intermediation services provider which meets the requirements set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. Data altruism organisation which meets the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.

  2. 2.

    Data intermediation services providers and data altruism organisations that have no main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation. The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation.

  3. 3.

    Competent authorities shall establish the necessary application forms.

  4. 4.

    Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider. The first subparagraph shall also apply where a data altruism organisation has submitted all necessary information pursuant to paragraph 2, and complies with the registration requirements set out in Article 32d. The registration in the public Union register shall be valid in all Member States.

  5. 5.

    The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee.

  6. 6.

    Registered entities shall notify the competent authority of any subsequent changes to the information as provided during the application process or where they cease their data intermediation or data altruism activities in the Union.

  7. 7.

    The competent authority shall without delay and by electronic means notify the Commission of any notification pursuant to paragraph 6. The Commission shall without undue delay update the public Union register.

Commission source wording and instructions

Article 32e

Commission proposal

Article 32e Registration (1) Data intermediation services provider which meets the requirements set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. Data altruism organisation which meets the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. (2) Data intermediation services providers and data altruism organisations that have no main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation. The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation. (3) Competent authorities shall establish the necessary application forms. (4) Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider. The first subparagraph shall also apply where a data altruism organisation has submitted all necessary information pursuant to paragraph 2, and complies with the registration requirements set out in Article 32d. The registration in the public Union register shall be valid in all Member States. (5) The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee. (6) Registered entities shall notify the competent authority of any subsequent changes to the information as provided during the application process or where they cease their data intermediation or data altruism activities in the Union. (7) The competent authority shall without delay and by electronic means notify the Commission of any notification pursuant to paragraph 6. The Commission shall without undue delay update the public Union register.

Institutional text

Council Presidency texts

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

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Article 32e

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32e Registration in public Union register

(1)

Data intermediation services provider which meets the requirements set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. A data altruism organisation which meets the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.

(2)

Data intermediation services providers and data altruism organisations that have no main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation. Article 37(11) and (12) do not apply to data intermediation services providers and data altruism organisations. The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation.

(3)

Competent authorities shall establish the necessary application forms.

(4)

Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the competent authority requests the applicant to provide additional information necessary to assess compliance with Article 32c, the time limit shall be suspended until the competent authority has received that information. In duly justified cases, where the assessment of compliance requires additional time due to the complexity or novelty of the services, the competent authority may extend the time limit once by a maximum of 12 weeks and shall inform the applicant accordingly, stating reasons. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider. The first subparagraph shall also apply where a data altruism organisation has submitted all necessary information pursuant to paragraph 3, and complies with the registration requirements set out in Article 32d. The registration in the public Union register shall be valid in all Member States.

(5)

The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee.

(6)

Registered entities shall notify within a reasonable time the competent authority of any subsequent changes to the information as provided during the application process or where they cease their data intermediation or data altruism activities in the Union.

(7)

The competent authority shall without delay and by electronic means notify the Commission of any notification pursuant to paragraph 6. The Commission shall without undue delay update the public Union register.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Political group at the amendment date where available; otherwise the current Parliament affiliation.

Alternative wording Amendment 27 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(1) Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
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Alternative wording Amendment 47 JURI draft opinion · Brando Benifei (rapporteur)
Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
Justification

This amendment restores mandatory registration for data intermediation service providers in order to strengthen transparency, effective supervision and accountability within the Union data-sharing framework.

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Alternative wording Amendment 48 JURI draft opinion · Brando Benifei (rapporteur)
Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
Justification

This amendment restores mandatory registration for data intermediation service providers in order to strengthen transparency, effective supervision and accountability within the Union data-sharing framework.

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Remove proposed wording Amendment 49 JURI draft opinion · Brando Benifei (rapporteur)
(3) Competent authorities shall establish the necessary application forms.
Justification

This amendment aims at preserving a more harmonised and coherent Union framework for the registration and supervision of data intermediation services and data altruism organisations. Removing fragmented national application form requirements helps avoid divergent supervisory approaches and supports greater legal certainty and consistency across Member States.

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Additional proposed wording Amendment 50 JURI draft opinion · Brando Benifei (rapporteur)
(3a)

The Commission shall adopt implementing acts establishing a harmonised application form for the registration of data intermediation services and recognised data altruism organisations.

Justification

This amendment ensures a harmonised Union-wide registration framework through implementing acts adopted by the Commission, thereby reducing fragmentation and improving legal certainty and supervisory consistency across Member States.

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Additional proposed wording Amendment 51 JURI draft opinion · Brando Benifei (rapporteur)
(3b)

The harmonised application form shall ensure the consistent application of this Regulation across the Union and shall require applicants to provide a clear description of the intended data intermediation or data altruism processing activities.

Justification

This amendment strengthens consistent application and supervision across the Union by ensuring that competent authorities receive clear and comparable information on the intended activities of applicants.

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Additional proposed wording Amendment 52 JURI draft opinion · Brando Benifei (rapporteur)
(3c)

In particular, the application form shall include information on:

(a)

the nature and scope of the intended activities;

(b)

the types of data concerned; and (c) any intended value-added services related to the processing of the data.

Justification

This amendment supports more effective oversight and regulatory clarity by requiring applicants to provide meaningful information on their planned activities, the categories of data involved and any additional services linked to the processing of data.

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Additional proposed wording Amendment 53 JURI draft opinion · Brando Benifei (rapporteur)
(3d)

The information required pursuant to this Article shall enable competent authorities to obtain sufficient and reliable information to effectively supervise the data intermediation and data altruism activities carried out under this Regulation.

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Alternative wording Amendment 54 JURI draft opinion · Brando Benifei (rapporteur)
Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the competent authority requests the applicant to provide additional information necessary to assess compliance with Article 32c, the time limit shall be suspended until the competent authority has received that information. In duly justified cases, where the assessment of compliance requires additional time due to the complexity or novelty of the services, the competent authority may extend the time limit once by a maximum of 12 weeks and shall inform the applicant accordingly, stating reasons. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider.
Justification

This amendment strengthens the effectiveness and reliability of the registration procedure by allowing competent authorities sufficient time and information to properly assess compliance, particularly in complex or innovative cases. It also improves consistency by applying the same procedural safeguards to data altruism organisations.

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Alternative wording Amendment 68 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(1) DataA data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
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Alternative wording Amendment 69 IMCO draft opinion · Alex Agius Saliba (rapporteur)
Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
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Alternative wording Amendment 70 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(2) Data intermediation services providers and data altruism organisations thatshall have notheir main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation.
Justification

This amendment is meant to assure that registered data intermediation services and data altruism organisations have their main establishment in the EU.

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Remove proposed wording Amendment 71 IMCO draft opinion · Alex Agius Saliba (rapporteur)
The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation.
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Alternative wording Amendment 72 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(3) CompetentTo authoritiesensure shallconsistency establishand coherence across the necessaryEU, the Commission shall, after consulting the EDPB, adopt implementing acts establishing a template application forms.form for the registration of data intermediation services and recognised data altruism organisations, including inter alia a description of the intended processing and other activities, their nature and scope; type of data concerned and any intended value-added services related to the processing of the data
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Alternative wording Amendment 212 · David Cormand JURI
Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment, prior to the commencement of their services. Where the processing activities of the data intermediation service provider are likely to pose a high risk to the rights and freedoms of natural persons within the meaning of Article 35 of Regulation (EU) 2016/679, prior notification is mandatory, regardless of the intended designation. Registration by a digital service provider with the competent authority of one Member State shall automatically lead to its immediate inclusion in the public Union register. This single registration shall be valid and produce full legal effects in all Member States, without any additional national procedures or requirements being imposed. The Commission shall adopt implementing acts establishing harmonized application forms for the registration of data intermediation service providers and data altruism organizations throughout the Union. These forms shall specify, in particular, a description of the intended nature of the data intermediation or data altruism activities, including the types of data involved, the categories of personal data, and the planned value-added services, so as to provide the competent authorities with sufficient and reliable information to carry out their supervisory duties.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 e

Alternative wording Amendment 213 · Laurence Farreng JURI
Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 e – paragraph 1 – subparagraph 1

Alternative wording Amendment 214 · David Cormand JURI
Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 e

Alternative wording Amendment 215 · David Cormand JURI
(3) CompetentTo authoritiesensure shallconsistency establishand coherence across the necessaryEU, the Commission shall, after consulting the EDPB, adopt implementing acts establishing a template application formsform for the registration of data intermediation services and recognised data altruism organisations, including inter alia a description of the intended processing and other activities, their nature and scope; type of data concerned and any intended value-added services related to the processing of the data.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 e

Alternative wording Amendment 287 · David Cormand on behalf of the Verts/ALE Group IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 32e

Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment, prior to the commencement of their services. Where the processing activities of the data intermediation service provider are likely to pose a high risk to the rights and freedoms of natural persons within the meaning of Article 35 of Regulation (EU) 2016/679, prior notification is mandatory, regardless of the intended designation. Registration by a digital service provider with the competent authority of one Member State shall automatically lead to its immediate inclusion in the public Union register. This single registration shall be valid and produce full legal effects in all Member States, without any additional national procedures or requirements being imposed.
Official source ↗
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e

Alternative wording Amendment 288 · David Cormand on behalf of the Verts/ALE Group IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 32e

Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
Official source ↗
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e

Alternative wording Amendment 289 · David Cormand on behalf of the Verts/ALE Group IMCO
(3) CompetentIn authoritiesorder to ensure a consistent application of this Regulation across the Union, the Commission shall establishadopt theimplementing necessaryacts establishing harmonized application forms for the registration of data intermediation service providers and data altruism organizations throughout the Union. These forms shall specify, in particular, a description of the intended nature of the data intermediation or data altruism activities, including the types of data involved, the categories of personal data, and the planned value-added services, so as to provide the competent authorities with sufficient and reliable information to carry out their supervisory duties.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e

Remove proposed wording Amendment 290 · David Cormand on behalf of the Verts/ALE Group IMCO
(5) The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e

Deletion marker printed in the source: deleted

Alternative wording Amendment 749 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – title

Alternative wording Amendment 750 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application and shall not provide data intermediation services in the Union unless registered in the public Union register referred to in Article 32 for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment. Registration shall be a condition for providing data intermediation services in the Union. Any entity providing services that fall within the definition of data intermediation services shall comply with all obligations under this Chapter, irrespective of its legal form, commercial designation, technical architecture or functional design.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 1

Alternative wording Amendment 751 · João Oliveira ITRE · LIBE
Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union registerregisters of recognised data intermediation services providers to the competent authorityauthorities referred to in Article 32b in the Member StateStates in which they have their main establishment or in which they provide services. Registration in those registers shall be mandatory for the provider to be able to take up business.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 1

Alternative wording Amendment 752 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
Data intermediation services provider whichshall meetsnotify thetheir requirementsbusiness set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providersactivities to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 1

Alternative wording Amendment 753 · Mary Khan ITRE · LIBE
Data intermediation services provider which meets the requirements set out in Article 32c may submit an application for registration in the public Union register of recognised data intermediation services providers tomay not provide their services in the Union until they have been registered with the competent authority referred to in Article 32b in the Member State in which they haveof their main establishment. Member States shall provide a simplified digital registration procedure for small and medium-sized enterprises that exclusively pass on low-risk, non-personal data.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 1

Alternative wording Amendment 754 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
Data intermediation services provider which meets the requirements set out in Article 32c mayshall submit an application for registration in the public Union register of recognised data intermediation services providers to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 1

Alternative wording Amendment 755 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
Data altruism organisation whichshall meets the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations tonotify the competent authority referredtheir to in Article 32bactivities in the Member State in which they have their main establishment.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 2

Alternative wording Amendment 756 · João Oliveira ITRE · LIBE
Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union registerregisters of recognised data altruism organisations to the competent authorityauthorities referred to in Article 32b in the Member StateStates in which they have their main establishment or in which they provide services. Registration in those registers shall be mandatory for the organisation to be able to take up business.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 2

Alternative wording Amendment 757 · Mary Khan ITRE · LIBE
Data altruism organisationorganisations which meetsmeet the requirements set out in Article 32d may submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they haveof their main establishment.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 2

Alternative wording Amendment 758 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
Data altruism organisation which meets the requirements set out in Article 32d mayshall submit an application for registration in the public Union register of recognised data altruism organisations to the competent authority referred to in Article 32b in the Member State in which they have their main establishment.
Justification

To foster trust in the label ‘data altruism organisation recognised in the Union’, effective public oversight should be ensured and appropriate accountability mechanisms should be put in place. This amendment follows the EDPB and the EDPS recommendation to maintain the record-keeping obligation, in order to ensure that competent authorities can exercise their oversight in an effective manner.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 1 – subparagraph 2

Alternative wording Amendment 759 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
Data intermediation services providers and data altruism organisations thatshall have noa main establishment in the Union shall designate a legal representative in one of the Member States. The legal representative shall be mandated to be addressed in addition to or instead of the data intermediation services provider or data altruism organisation by competent authorities or data subjects and data holders. The legal representative shall cooperate with and comprehensively demonstrate to the competent authority, upon request, the actions taken and provisions put in place by the data intermediation services provider or the data altruism organisation to ensure compliance with this Regulation.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 2 – subparagraph 1

Remove proposed wording Amendment 760 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
The data intermediation services provider or data altruism organisation shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider or data altruism organisation.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 2 – subparagraph 2

Deletion marker printed in the source: deleted

Alternative wording Amendment 761 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
(3) CompetentTo authoritiesensure shallconsistency establishand coherence across the necessaryEU, the Commission shall, after consulting the EDPB, adopt implementing acts establishing a template application formsform for the registration of data intermediation services and recognised data altruism organisations, including inter alia a description of the intended processing and other activities, their nature and scope; type of data concerned and any intended value-added services related to the processing of the data.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 3

Alternative wording Amendment 762 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(3) CompetentThe authoritiesCommission shall adopt implementing acts to establish the necessary application forms including the required description of the intended nature of data intermediation or data altruism processing activities, such as types of data, including categories of personal data and intended value-added services.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 3

Alternative wording Amendment 763 · João Oliveira ITRE · LIBE
Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the provider complies with the criteria, the competent authority shall submit the relevant information to the Commission which shall register the providers in the public Union register as a recognised data intermediation services provider. The competent authority shall include providers in the national public register of their respective Member State.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 4 – subparagraph 1

Alternative wording Amendment 764 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
Where a data intermediation services provider has submitted all necessary information pursuant to paragraph 3 of this Article, and complies with the requirements set out in Article 32c, the competent authority shall, within 12 weeks after the receipt of the application for registration, take a decision on whether the provider complies with the criteria set out in Article 32c. Where the provider complies with the criteria, the competent authority shall award the label and submit the relevant information to the Commission which shall registerupdate the providerswebsite into mention the publiclabel Union register as a recognised data intermediation services providerattribution.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 4 – subparagraph 1

Alternative wording Amendment 765 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
The first subparagraph shall also apply where a data altruism organisation has submitted all necessary information pursuant to paragraph 2, and complies with the registration requirements set out in Article 32d.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 4 – subparagraph 2

Additional proposed wording Amendment 766 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(4a)

In Article 32r, the following paragraph is inserted:

Where the competent authority determines that a data intermediation services provider does not comply with the requirements laid down in Article 32d, it shall inform the data intermediation provider of the infrigement and require the provider to take the necessary corrective measures within a proportionate and specified period. Where the provider fails to comply with that decision within the prescribed period, the competent authority may impose effective, proportionate and dissuasive penalties in accordance with this Regulation and suspend the activities of the data intermediation services provider.

The first subparagraph shall also apply for a data altruism organisation.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 4a (new)

Alternative wording Amendment 767 · João Oliveira ITRE · LIBE
(5) The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee or waive the fee.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 5

Alternative wording Amendment 768 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(5) The competent authority may charge fees for the registration in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance. In the case of small-mid caps, small and medium-sized enterprises, and start-ups, the competent authority may charge a discounted fee orshall waive the fee.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32e – paragraph 5