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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 32j

Text

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

Non-discrimination

Source Council, 22 October 2026. Article 32j: ST 14756/26, page 96 · exact text page

Article 32j

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

Article 32j, heading

Non-discrimination

Article 32j(1)

(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.

Article 32j(2)

(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 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
32jText of the articleheading Adds Added Adds Unchanged Adds Unchanged Adds Unchanged Adds , changed since 3 Sep Changed Adds Unchanged 1
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 2
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 1
Provisions only Parliament would add or change1 unit 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 Not in the law in force or this text In neither text Not in the law in force or this text In neither text 1

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 32j in this text
  2. 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 1 amendment to this article. Amendments in this document
  3. 10 Jun 2026 Council textST 10426/26 Unchanged Same as the text before. Article 32j in this text
  4. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32j in this text
  5. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 1 amendment to this article. Amendments in this document
  6. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 3 amendments to this article. Amendments in this document
  7. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 32j in this text
  8. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 and 2 and changes the article. Article 32j in this text
  9. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32j in this text

Article 32j: Text of the article

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

Parliament amendments 1

1 would add wording.

  1. 301 Addition Virginie JoronPfE · 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…” numbered 1a

    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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32j
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 j

Paragraph 1

Added by the Council on 2 October

Parliament amendments 2

2 propose alternative wording.

  1. 83 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with…”

    (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.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 32j(1)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32j – paragraph 1
  2. 804 Alternative João OliveiraThe Left · ITRE–LIBE “Any applicable conditions for the re-use of data or documents shall be non-discriminatory, transparent, proportionate and objectively justified with…”

    (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.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32j(1)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32j – paragraph 1

Paragraph 2

Added by the Council on 2 October

Parliament amendments 1

1 would delete the wording.

  1. 805 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32j(2)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32j – paragraph 2

Provisions only Parliament amendments would add or change

1 amendment on 1 unit the Commission proposal leaves unchanged

Paragraph 2a (new)New

  1. 803 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “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…”

    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.

    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 32j – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32j – paragraph 2a (new)