Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 32f

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

Article total: 7 parts · 3 Council drafts · 11 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 32f

Duties of recognised data altruism organisations

  1. 1.

    Recognised data altruism organisations shall inform data subjects or data holders prior to any processing of their data in a clear and easily comprehensible manner of the following:

    1. (a)

      the objectives of general interest and, if applicable, the specified, explicit and legitimate purpose for which personal data is to be processed, and for which it permits the processing of their data by a data user;

    2. (b)

      the location of the processing and the objectives of general interest for which it permits any processing carried out in a third country, where the processing is carried out by the recognised data altruism organisation.

  2. 2.

    Recognised data altruism organisations shall not use the data for other objectives than the objectives of general interest for which the data subject or data holder allows the processing. The recognised data altruism organisation shall not use misleading marketing practices to solicit the provision of data.

  3. 3.

    Recognised data altruism organisations shall provide electronic means for obtaining consent from data subjects or permissions to process data made available by data holders as well as for their withdrawal.

  4. 4.

    Recognised data altruism organisations shall, without delay, inform data holders in the event of any unauthorised transfer, access or use of the non-personal data that it has shared.

  5. 5.

    Where recognised data altruism organisations facilitate data processing by third parties, including by providing tools for obtaining consent from data subjects or permissions to process data made available by data holders, they shall, where relevant, specify the third-country in which the data use is intended to take place.

Commission source wording and instructions

Article 32f

Commission proposal

Article 32f Duties of recognised data altruism organisations (1) Recognised data altruism organisations shall inform data subjects or data holders prior to any processing of their data in a clear and easily comprehensible manner of the following: (a) the objectives of general interest and, if applicable, the specified, explicit and legitimate purpose for which personal data is to be processed, and for which it permits the processing of their data by a data user; (b) the location of the processing and the objectives of general interest for which it permits any processing carried out in a third country, where the processing is carried out by the recognised data altruism organisation. (2) Recognised data altruism organisations shall not use the data for other objectives than the objectives of general interest for which the data subject or data holder allows the processing. The recognised data altruism organisation shall not use misleading marketing practices to solicit the provision of data. (3) Recognised data altruism organisations shall provide electronic means for obtaining consent from data subjects or permissions to process data made available by data holders as well as for their withdrawal. (4) Recognised data altruism organisations shall, without delay, inform data holders in the event of any unauthorised transfer, access or use of the non-personal data that it has shared. (5) Where recognised data altruism organisations facilitate data processing by third parties, including by providing tools for obtaining consent from data subjects or permissions to process data made available by data holders, they shall, where relevant, specify the third-country in which the data use is intended to take place.

Institutional text

Council Presidency texts

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

Article 32f

June Presidency compromise · 10 June

Article 32f Duties of recognised data altruism organisations (1) Recognised data altruism organisations shall inform data subjects or data holders prior to any processing of their data in a clear and easily comprehensible manner of the following: (a) the objectives of general interest and, if applicable, the specified, explicit and legitimate purpose for which personal data is to be processed, and for which it permits the processing of their data by a data user; (b) the location of the processing and the objectives of general interest for which it permits any processing carried out in a third country, where the processing is carried out by the recognised data altruism organisation. (2) Recognised data altruism organisations shall not use the data for other objectives than the objectives of general interest for which the data subject or data holder allows the processing. The recognised data altruism organisation shall not use misleading marketing practices to solicit the provision of data. (3) Recognised data altruism organisations shall provide electronic means for obtaining consent from data subjects or permissions to process data made available by data holders as well as for their withdrawal. (4) Recognised data altruism organisations shall, without delay, inform data holders in the event of any unauthorised transfer, access or use of the non-personal data that it has shared. (5) Where recognised data altruism organisations facilitate data processing by third parties, including by providing tools for obtaining consent from data subjects or permissions to process data made available by data holders, they shall, where relevant, specify the third-country in which the data use is intended to take place.

Competing proposals

European Parliament amendments

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

More filters

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

Additional proposed wording Amendment 55 JURI draft opinion · Brando Benifei (rapporteur)
Justification

This amendment strengthens transparency and accountability obligations for recognised data altruism organisations by requiring regular public reporting on data use, third-country transfers, safeguards and consent withdrawals.

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against:
Alternative wording Amendment 77 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(b) the location of the processing and the objectives of general interest for which it permits any processing carried out in a third country, where the processing is carried out by the recognised data altruism organisation.
Justification

Recognised data alturism organisations should process their data exclusively in the EU.

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against:
Additional proposed wording Amendment 78 IMCO draft opinion · Alex Agius Saliba (rapporteur)
Justification

Text originating from art. 20(2)(e) DGA and addressing a concern raised by EDPB-EDPS Opinion, para. 141.

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against:
Additional proposed wording Amendment 216 · David Cormand JURI
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against:
Source identification

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

Additional proposed wording Amendment 291 · Virginie Joron IMCO
Preview
against:
Source identification

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

Alternative wording Amendment 769 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
Duties of recognised data altruism organisations (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Preview
against:
Source identification

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

Additional proposed wording Amendment 770 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE

(4a) In Article 32f, the following paragraph is inserted:

Recognised data altruism organisations shall publish an annual transparency report describing the categories of data collected, the objectives of general interest pursued, the categories of data users receiving access, any third-country transfers or access, the safeguards applied, the number of withdrawals of consent or permission, information on sources of revenue of the recognised data altruism organisation, in particular all revenue from allowing access to the data, and on expenditure.'

Justification

Going back to wording on current Digital Governance Act following the EDPB and the EDPS recommendation to maintain an annual overview of the categories of all natural and legal persons that were allowed to process data could be required and an overview of the sources of revenue of the recognised data altruism organisation to ensure effective oversight.

Preview
against:
Source identification

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

Additional proposed wording Amendment 771 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32f – paragraph 5a (new)

Additional proposed wording Amendment 772 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Justification

Recognised data altruism organisations collect and make available data voluntarily provided for objectives of general interest, and thereby handle data whose exposure entails significant risks for the natural and legal persons concerned. In addition to the duty to inform data holders after the event, laid down in paragraph 4, such organisations should be required to take preventive measures. This provision requires them to 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 made available to them, and to apply state-of-the-art privacy-preserving and privacy-enhancing techniques where the data are processed or shared in pseudonymised or anonymised form. This reinforces the protection of data subjects and data holders and strengthens trust in data altruism, in line with the principles of integrity and confidentiality laid down in Regulation (EU) 2016/679.

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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32f – paragraph 5a (new)

Additional proposed wording Amendment 773 · Mary Khan ITRE · LIBE
Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32f – paragraph 5 a (new)

Additional proposed wording Amendment 774 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32f – paragraph 5b (new)