Data Act · Regulation (EU) 2023/2854
Article 32j
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 4 parts · 3 Council drafts · 5 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 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non- discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
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 32j
Commission proposal
Article 32j Non-discrimination (1) Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use. (2) If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
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 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be nondiscriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article 32j
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32j Non-discrimination
Any applicable conditions for the re-use of data or documents shall be nondiscriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
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 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be nondiscriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article 32j
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32j Non-discrimination
Any applicable conditions for the re-use of data or documents shall be nondiscriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article 32j
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32j Non-discrimination (1) Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use. (2) If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article 32j 3 Council drafts
Article 32j
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32j Non-discrimination
Any applicable conditions for the re-use of data or documents shall be nondiscriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article 32j
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32j Non-discrimination
Any applicable conditions for the re-use of data or documents shall be nondiscriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article 32j
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32j Non-discrimination (1) Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use. (2) If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
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 83 IMCO draft opinion · Alex Agius Saliba (rapporteur)
against:
Article 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use within the single market.
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Article 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non-
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Additional proposed wording Amendment 301 · Virginie Joron IMCO
The re-use of data and documents under this Chapter shall not entail their transfer to a third-country authority or a natural or legal person established in a third country, nor access by the latter to those data, where such transfer or access would be liable to have an adverse effect on public security, the resilience and continuity of essential services, or the national and economic security of the Union or a Member State.
against:
Article 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non- discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
- 1a.
The re-use of data and documents under this Chapter shall not entail their transfer to a third-country authority or a natural or legal person established in a third country, nor access by the latter to those data, where such transfer or access would be liable to have an adverse effect on public security, the resilience and continuity of essential services, or the national and economic security of the Union or a Member State.
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Additional proposed wording Amendment 803 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
In Article 32j, the following paragraph is added:
The re-use of data and documents under this Chapter shall not entail their transfer to, or access by, a third-country authority or a natural or legal person established in a third country where such transfer or access would be liable to harm public security, the resilience and continuity of essential services, or the national and economic security of the Union or of a Member State.'
Justification
Prohibits the re-identification of data subjects from anonymised datasets, the unlawful use of such data, and their transfer to entities reasonably likely to be able to re-identify the data subjects. Without such a prohibition, the anonymisation regime would be devoid of any sanction for its circumvention. The prohibition does not preclude research into anonymisation techniques carried out in accordance with Regulation (EU) 2016/679.
against:
Article 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non- discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
- 2a.
The re-use of data and documents under this Chapter shall not entail their transfer to, or access by, a third-country authority or a natural or legal person established in a third country where such transfer or access would be liable to harm public security, the resilience and continuity of essential services, or the national and economic security of the Union or of a Member State.'
Alternative wording Amendment 804 · João Oliveira ITRE · LIBE
against:
Article 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non-
Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use. - 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
Remove proposed wording Amendment 805 · João Oliveira ITRE · LIBE
against:
Article 32j
Non-discrimination
- 1.
Any applicable conditions for the re-use of data or documents shall be non-
- 2.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
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Article 32j
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 32j
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 32j
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 32j(1)
Wording reproduced in the amendment → Amendment 804 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 804 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32j(1)
Wording reproduced in the amendment → Amendment 83 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 83 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Article 32j(2)
Wording reproduced in the amendment → Amendment 805 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 805 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.