Data Act · Regulation (EU) 2023/2854
Article 32g
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 7 parts · 3 Council drafts · 9 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to Data ActThe 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 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non- compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (a)
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 32g
Commission proposal
Article 32g Monitoring of compliance (1) The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. (2) The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned. (3) Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification. (4) The competent authority shall have the power to require the cessation of the non-compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance. (5) If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall: (a) lose its right to use the label referred to in Article 32a in written and spoken communication; (b) be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Article in June Presidency compromise · 10 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 10 June (10 June 2026)
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the noncompliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register. CHAPTER VIIb Free flow of non-personal data within the Union
Article 32g
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32g Monitoring of compliance
The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
The competent authority shall have the power to require the cessation of the noncompliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
lose its right to use the label referred to in Article 32a in written and spoken communication;
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register. CHAPTER VIIb Free flow of non-personal data within the Union
Article in June Presidency compromise · 18 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 18 June (18 June 2026)
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the noncompliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register. CHAPTER VIIb Free flow of non-personal data within the Union
Article 32g
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32g Monitoring of compliance
The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
The competent authority shall have the power to require the cessation of the noncompliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
lose its right to use the label referred to in Article 32a in written and spoken communication;
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register. CHAPTER VIIb Free flow of non-personal data within the Union
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register.
Article 32g
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32g Monitoring of compliance (1) The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person. (2) The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned. (3) Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification. (4) The competent authority shall have the power to require the cessation of the non-compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance. (5) If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall: (a) lose its right to use the label referred to in Article 32a in written and spoken communication; (b) be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register.
Article 32g 3 Council drafts
Article 32g
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32g Monitoring of compliance
The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
The competent authority shall have the power to require the cessation of the noncompliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
lose its right to use the label referred to in Article 32a in written and spoken communication;
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register. CHAPTER VIIb Free flow of non-personal data within the Union
Article 32g
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32g Monitoring of compliance
The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
The competent authority shall have the power to require the cessation of the noncompliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
lose its right to use the label referred to in Article 32a in written and spoken communication;
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from the public Union register. CHAPTER VIIb Free flow of non-personal data within the Union
Article 32g
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32g Monitoring of compliance (1) The competent authorities referred to in Article 32b shall supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers and recognised data altruism organisations, on the basis of a request by a natural or legal person. (2) The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned. (3) Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification. (4) The competent authority shall have the power to require the cessation of the non-compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance. (5) If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall: (a) lose its right to use the label referred to in Article 32a in written and spoken communication; (b) be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority and shall be notified to the Commission. The Commission shall remove the entity from 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.
More filters
Political group at the amendment date where available; otherwise the current Parliament affiliation.
Alternative wording Amendment 79 IMCO draft opinion · Alex Agius Saliba (rapporteur)
Justification
Changes following EDPB-EDPS opinion, paras. 147 and 148
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers, on the basis of a request by a natural or legal person.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
- (ba)
a proportionate and dissuasive sanction, in accordance with Article 40 of this Regulation.
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall
, either on their own initiative or on a request by a natural or legal person,monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers, on the basis of a request by a natural or legal person. - 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
Additional proposed wording Amendment 80 IMCO draft opinion · Alex Agius Saliba (rapporteur)
a proportionate and dissuasive sanction, in accordance with Article 40 of this Regulation.
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. Those competent authorities may also monitor and supervise the compliance of data intermediation services providers, on the basis of a request by a natural or legal person.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
- (ba)
a proportionate and dissuasive sanction, in accordance with Article 40 of this Regulation.
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non- compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (ba)
a proportionate and dissuasive sanction, in accordance with Article 40 of this Regulation.
- (a)
Alternative wording Amendment 775 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
Justification
This amendment introduces a change from discretionary power to mandatory action. By maintaining this discretion, competent authorities will be in a better position to allocate resources more efficiently to take action where it is most needed.
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall
, either on their own initiative or on a request by a natural or legal person,monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. The competent authorities shall also monitor and supervise the compliance of data intermediation services providers, on the basis of a request by a natural or legal person. - 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
Alternative wording Amendment 776 · Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall
, either on their own initiative or on a request by a natural or legal person,monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein. - 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
Additional proposed wording Amendment 777 · Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(1a) In Article 32g, the following paragraph is inserted:
The competent authorities referred to in Article 32b may, upon a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.'
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.
- 1a.
The competent authorities referred to in Article 32b may, upon a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.'
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non- compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (a)
Alternative wording Amendment 778 · João Oliveira ITRE · LIBE
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public
Union registerregisters referred to in Article32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
Additional proposed wording Amendment 779 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
(ba) In Article 32g, paragraph 5, the following point is added
be subject to a proportionate and dissuasive sanction, in accordance with Article 40 of this Regulation.'
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non- compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (ba)
be subject to a proportionate and dissuasive sanction, in accordance with Article 40 of this Regulation.'
- (a)
Additional proposed wording Amendment 780 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(bb) In Article 32g, paragraph 5, the following point is added
suspend its activities.'
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non- compliance referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures with the aim of ensuring compliance.
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article 32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (ba)
suspend its activities.'
- (a)
Alternative wording Amendment 781 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
against:
Article 32g
Monitoring of compliance
- 1.
The competent authorities referred to in Article 32b shall, either on their own initiative or on a request by a natural or legal person, monitor and supervise whether recognised data intermediation services providers and recognised data altruism organisations comply with the requirements laid down in this Chapter, including whether they continue to comply with the requirements for registration laid down therein.
- 2.
The competent authorities shall have the power to request from recognised data intermediation services providers or recognised data altruism organisations, or their legal representative, all the information that is necessary to verify compliance with the requirements laid down in this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
- 3.
Where a competent authority finds that a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter, it shall notify that entity, or its legal representative, of those findings and give it the opportunity to state its views, within 30 days of the receipt of the notification.
- 4.
The competent authority shall have the power to require the cessation of the non-
- 5.
If a recognised data intermediation services provider or a recognised data altruism organisation does not comply with one or more of the requirements laid down in this Chapter even after having been notified in accordance with paragraph 3, that entity shall:
- (a)
lose its right to use the label referred to in Article 32a in written and spoken communication;
- (b)
be removed from the public Union register referred to in Article
32a. Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority.
- (a)
- 32a.
Any decision revoking the right to use the label as referred to in the first subparagraph, point (a), shall be made public by the competent authority shall be notified to the Commission. The Commission shall remove the entity from the public Union register.
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Article 32g
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 32g
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 32g
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 32g
Wording reproduced in the amendment → Amendment 778 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 778 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32g
Wording reproduced in the amendment → Amendment 781 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 781 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32g(1)
Wording reproduced in the amendment → Amendment 775 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 775 · ITRE–LIBE amendments 527–776 to the draft report
Article 32g(1)
Wording reproduced in the amendment → Amendment 776 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 776 · ITRE–LIBE amendments 527–776 to the draft report
Article 32g(1)
Wording reproduced in the amendment → Amendment 79 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 79 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Article 32g(5)
Wording reproduced in the amendment → Amendment 778 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 778 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32g(5)
Wording reproduced in the amendment → Amendment 781 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 781 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32g(5)(b)
Wording reproduced in the amendment → Amendment 778 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 778 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32g(5)(b)
Wording reproduced in the amendment → Amendment 781 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded