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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 32h

Text

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

Prohibition of localisation requirements for non-personal data within the Union

Source Council, 22 October 2026. Article 32h: ST 14756/26, page 91 · exact text page

Article 32h

Its wording is printed below, under Article 32h, heading, (1) and (2).

Article 32h, heading

Prohibition of localisation requirements for non-personal data within the Union

Article 32h(1)

(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.

Article 32h(2)

(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 in the whole Data Act

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph Commission19 Nov 2025Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 Oct text
32hText of the articleheading Adds Added Adds Unchanged Adds Unchanged Adds Unchanged Adds , changed since 3 Sep Changed Adds Unchanged 4
1Paragraph 1 Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Adds , added since 3 Sep Added Adds Unchanged 3
2Paragraph 2 Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Adds , added since 3 Sep Added Adds Unchanged 3

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

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

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 32h in this text
  2. 10 Jun 2026 Council textST 10426/26 Unchanged Same as the text before. Article 32h in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32h in this text
  4. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 3 amendments to this article. Amendments in this document
  5. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 7 amendments to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 32h in this text
  7. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 and 2 and changes the article. Article 32h in this text
  8. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32h in this text

Article 32h: Text of the article

Added by the Commission · changed by the Council on 2 October

Parliament amendments 4

2 would delete the heading and 2 propose alternative wording. Deletion amendments come from The Left.

By political group; co-sponsored amendments count for each group
TypeThe LeftECRPfE
− Deletion2··
~ Alternative·12

By political group

  • − Deletion The Left 2
  • ~ Alternative ECR 1 PfE 2

Show

  1. 293 Alternative Virginie JoronPfE · IMCO “Conditions applicable to localisation requirements for non-personal data within the Union”

    ProhibitionConditions ofapplicable to localisation requirements for non-personal data within the Union

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32h
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 h
  2. 784 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the proposed article

    ‘Article 32h

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32h
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32h
  3. 786 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the proposed article

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

    Prohibition of localisation requirements for non-personal data within the Union

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32h
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32h
  4. 787 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Conditions for localisation requirements relating to non-personal data within the Union”

    ProhibitionConditions offor localisation requirements forrelating to non-personal data within the Union

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 32h
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32h – title

Paragraph 1

Added by the Council on 2 October

Parliament amendments 3

1 would delete the wording and 2 propose alternative wording.

  1. 294 Alternative Virginie JoronPfE · IMCO “essential services, a compelling legitimate interest”

    (1) Data localisation requirements for non-personal data shallmay be prohibited,imposed unlesswhere they are justified on grounds of public security in compliance with, the principleresilience and continuity of proportionalityessential services, a compelling legitimate interest, or laid down on the basisprotection of Unionnational lawand economic security.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32h(1)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 h
  2. 788 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32h(1)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32h – paragraph 1
  3. 789 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “essential services, an overriding legitimate interest”

    (1) Data localisation requirements for non-personal data shallmay be prohibited,imposed unlesswhere they are justified on grounds of public security in compliance with, the principleresilience and continuity of proportionalityessential services, an overriding legitimate interest, or laid down on the basisprotection of Unionnational lawand economic security.

    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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 32h(1)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32h – paragraph 1

Paragraph 2

Added by the Council on 2 October

Parliament amendments 3

1 would delete the wording and 2 propose alternative wording.

  1. 295 Alternative Virginie JoronPfE · IMCO “Member States shall communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing…”

    (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.’

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32h(2)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 h
  2. 790 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording

    (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.’

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32h(2)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32h – paragraph 2
  3. 791 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Member States shall communicate to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing…”

    (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.’

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 32h(2)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32h – paragraph 2