Data Act · Regulation (EU) 2023/2854
Article 32h
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 4 parts · 3 Council drafts · 10 Parliament amendments
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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 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
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 32h
Commission proposal
Article 32h Prohibition of localisation requirements for non-personal data within the Union (1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. (2) Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
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 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Article 32h
June Presidency compromise · 10 June
Article 32h Prohibition of localisation requirements for non-personal data within the Union (1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. (2) Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
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 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Article 32h
June Presidency compromise · 18 June
Article 32h Prohibition of localisation requirements for non-personal data within the Union (1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. (2) Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Article 32h
September Presidency compromise
Article 32h Prohibition of localisation requirements for non-personal data within the Union (1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. (2) Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Article 32h 3 Council drafts
Article 32h
10 June 2026 · June Presidency compromise · 10 June
Article 32h Prohibition of localisation requirements for non-personal data within the Union (1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. (2) Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Article 32h
18 June 2026 · June Presidency compromise · 18 June
Article 32h Prohibition of localisation requirements for non-personal data within the Union (1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. (2) Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Article 32h
3 September 2026 · September Presidency compromise
Article 32h Prohibition of localisation requirements for non-personal data within the Union (1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. (2) Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
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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Alternative wording Amendment 293 · Virginie Joron IMCO
against:
Article 32h
ProhibitionConditions ofapplicable to localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Alternative wording Amendment 294 · Virginie Joron IMCO
against:
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data
shallmay beprohibited,imposedunlesswhere they are justified on grounds of public securityin compliance with, theprincipleresilience and continuity ofproportionalityessential services, a compelling legitimate interest, orlaid down onthebasisprotection ofUnionnationallawand economic security. - 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Alternative wording Amendment 295 · Virginie Joron IMCO
against:
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall
immediatelycommunicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Remove proposed wording Amendment 784 · João Oliveira ITRE · LIBE
against:
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. - 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Remove proposed wording Amendment 786 · João Oliveira ITRE · LIBE
The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.
Article 32h
Alternative wording Amendment 787 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
against:
Article 32h
ProhibitionConditions offor localisation requirements forrelating to non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Remove proposed wording Amendment 788 · João Oliveira ITRE · LIBE
against:
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law. - 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Alternative wording Amendment 789 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Justification
The location of non-personal data has become a factor of resilience, strategic autonomy and economic security. Rather than treating data localisation requirements as prohibited in principle, this amendment establishes a modulable framework under which such requirements may be imposed where they are justified on defined grounds — public security, the resilience and continuity of essential services, an overriding legitimate interest, or the protection of national and economic security — or laid down on the basis of Union law. This effect-based approach enables Member States and the Union to address dependency and disruption risks affecting data of strategic importance, while the requirement that any such measure be necessary and proportionate to the objective pursued preserves the coherence of the internal market and the compatibility of the framework with the Union's international commitments.
against:
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data
shallmay beprohibited,imposedunlesswhere they are justified on grounds of public securityin compliance with, theprincipleresilience and continuity ofproportionalityessential services, an overriding legitimate interest, orlaid down onthebasisprotection ofUnionnationallawand economic security. - 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Remove proposed wording Amendment 790 · João Oliveira ITRE · LIBE
against:
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall immediately communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
Alternative wording Amendment 791 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
against:
Article 32h
Prohibition of localisation requirements for non-personal data within the Union
- 1.
Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.
- 2.
Member States shall
immediatelycommunicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out in Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.
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Article 32h
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
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Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 32h
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
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Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 32h
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 32h
Wording reproduced in the amendment → Amendment 784 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 784 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 32h
Wording reproduced in the amendment → Amendment 787 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 787 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32h
Wording reproduced in the amendment → Amendment 293 · IMCO amendments 125–328 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 293 · IMCO amendments 125–328 to the draft opinion
Article 32h, heading
Wording reproduced in the amendment → Amendment 787 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 787 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32h, heading
Wording reproduced in the amendment → Amendment 293 · IMCO amendments 125–328 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 293 · IMCO amendments 125–328 to the draft opinion
Article 32h(1)
Wording reproduced in the amendment → Amendment 788 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 788 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 32h(1)
Wording reproduced in the amendment → Amendment 789 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 789 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32h(1)
Wording reproduced in the amendment → Amendment 294 · IMCO amendments 125–328 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 294 · IMCO amendments 125–328 to the draft opinion
Article 32h(2)
Wording reproduced in the amendment → Amendment 790 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 790 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 32h(2)
Wording reproduced in the amendment → Amendment 791 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 791 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32h(2)
Wording reproduced in the amendment → Amendment 295 · IMCO amendments 125–328 to the draft opinion
Changes in context
RemovedAdded