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Texts to 22 Oct 2026

Data Act· Article 32k

Text

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

Exclusive arrangements

Source Council, 22 October 2026. Article 32k: ST 14756/26, page 96 · pp. 96–98 · exact text page

Article 32k

Its wording is printed below, under Article 32k, heading, (1), (2), (3), (4), (5), (6) and (7).

Article 32k, heading

Exclusive arrangements

Article 32k(1)

(1)

The re-use of data or documents shall be open to all potential actors in the market, even if one or more market actors already exploit added-value products based on those data or documents. Agreements or other arrangements or practices pertaining to the re-use of data or documents, which have as their objective or effect to grant exclusive rights or to restrict the availability of data or documents for re-use by entities other than the parties to such agreements, arrangements or practices, shall be prohibited.

Article 32k(2)

(2)

By way of derogation of paragraph 1, where an exclusive right is necessary for the provision of a service of general interest, such a right may be granted to the extent necessary for the provision of the service or the supply of the product under the following conditions:

Article 32k(2)(a)

(a)

the exclusive right is granted through an administrative act or contractual agreement in accordance with applicable Union and national law and in compliance with the principles of transparency, equal treatment and non-discrimination.

Article 32k(2)(b)

(b)

the agreements or administrative acts granting the exclusive right, including the reasons as to why it is necessary to grant such a right, shall be transparent and shall be made publicly available online, in a form that complies with relevant Union law on public procurement and national law.

Article 32k(2)(c)

(c)

except for exclusive rights related to the digitisation of cultural resources, the validity of the reason for granting exclusive rights concerning data and documents shall be subject to regular review, and for data and documents in scope of Section 2 shall in any event, be reviewed every three years.

Article 32k(2)(d)

(d)

exclusive arrangements concerning data and documents in Scope of Section 2 established on or after 16 July 2019 shall be made publicly available online at least two months before they come into effect. The final terms of such arrangements shall be transparent and shall be made publicly available online.

Article 32k(3)

(3)

By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.

Article 32k(4)

(4)

In the case of an exclusive right referred to in paragraph 3, the public sector body concerned shall be provided free of charge with a copy of the digitised cultural resources as part of those arrangements. That copy shall be available for re-use at the end of the period of exclusivity.

Article 32k(5)

(5)

For certain categories of protected data, the duration of an exclusive right to re-use data shall not exceed 12 months. Where a contract is concluded or administrative act is adopted, the duration of the arrangement shall be the same as the duration of the exclusive right.

Article 32k(6)

(6)

Agreements or other arrangements or practices that, without expressly granting an exclusive right, aim at, or could reasonably be expected to lead to, a restricted availability for the re-use of data and documents within the scope of Section 2 by entities other than parties to such arrangements shall be made publicly available online at least two months before their coming into effect. The effect of such legal or practical arrangements on the availability of data for re-use shall be subject to regular reviews and shall, in any event, be reviewed every three years. The final terms of such arrangements shall be transparent and made publicly available online.

Article 32k(7)

(7)

For existing exclusive arrangements, the following shall apply:

Article 32k(7)(a)

(a)

exclusive arrangements concerning data and documents within the scope of Section 2 existing on 17 July 2013 that do not qualify for the exceptions set out in paragraphs 2 and 3 and that were entered into by public sector bodies shall be terminated at the end of the contract and in any event not later than 18 July 2043;

Article 32k(7)(b)

(b)

exclusive arrangements concerning data and documents within the scope of Section 2 existing on 16 July 2019 that do not qualify for the exceptions set out in paragraphs 2 and 3, and that were entered into by public undertakings, shall be terminated at the end of the contract and in any event not later than 17 July 2049;

Article 32k 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
32kText of the articleheading Adds Added Adds , changed since the proposal Changed Adds Unchanged Adds , changed since 18 Jun Changed Adds , changed since 3 Sep Changed Adds Unchanged 2
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 0
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
3Paragraph 3 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 7
4Paragraph 4 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 0
5Paragraph 5 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 0
6Paragraph 6 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
7Paragraph 7 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 0
Provisions only Parliament would add or change2 units 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 2

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 32k in this text
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 32k in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32k in this text
  4. 22 Jun 2026 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)CJ72-PR-786818 1 amendment to this article. Amendments in this document
  5. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 1 amendment to this article. Amendments in this document
  6. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 3 amendments to this article. Amendments in this document
  7. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 7 amendments to this article. Amendments in this document
  8. 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 32k in this text
  9. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 to 7 and changes the article. Article 32k in this text
  10. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32k in this text

Article 32k: Text of the article

Added by the Commission · changed by the Council on 10 June · changed on 3 September · changed on 2 October

Parliament amendments 2

2 would add wording.

  1. 302 Addition Virginie JoronPfE · IMCO “an exclusive right shall not be granted to an entity established in a third country, nor to an entity established in the Union under the direct or…”

    (da)an exclusive right shall not be granted to an entity established in a third country, nor to an entity established in the Union under the direct or indirect control of a third-country entity where granting that right would be liable to expose the data concerned to the extraterritorial application of third-country legislation or to have a detrimental effect on the defence, security or economic security of the Union or a Member State; before granting the right, the public sector body shall evaluate those risks, including any restrictive technical specification that might lead to such exposure or dependence.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32k
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 k – point d a
  2. 304 Addition Virginie JoronPfE · IMCO “Such arrangements shall not have the aim or effect of conferring on a single enterprise, in particular a very large enterprise or an enterprise…” numbered 6a

    6a.Such arrangements shall not have the aim or effect of conferring on a single enterprise, in particular a very large enterprise or an enterprise established in a third country or controlled from a third country, a position enabling it to capture data availability for the purposes of re-use to the detriment of other Union operators. Where such a risk is identified, the public sector body shall prioritise arrangements that preserve the access of operators established in the Union and which support cooperation between Member States.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32k
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32 k – point 6 a

Paragraph 1

Added by the Council on 2 October

Paragraph 2

Added by the Council on 2 October

Parliament amendments 1

1 would add wording to paragraph 2.

  1. 806 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “the exclusive right shall not be granted to an entity established in a third country, or to an entity established in the Union that is under the…”

    (da) In Article 32k, paragraph 2, the following point is added

    sa.the exclusive right shall not be granted to an entity established in a third country, or to an entity established in the Union that is under the direct or indirect control of a third-country entity, where the grant would be liable to expose the data concerned to the extraterritorial application of a third-country law or to harm the defence, security or economic security of the Union or of a Member State; before granting the right, the public sector body shall assess these risks, including any restrictive technical specifications liable to result in such exposure or dependency.'

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

Paragraph 3

Added by the Council on 2 October

Parliament amendments 7

7 propose alternative wording.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPRapporteur
~ Alternative111121

By political group

  • ~ Alternative The Left 1 S&D 1 Greens/EFA 1 Renew 1 EPP 2 Rapporteur 1
  1. 30 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “Contractual terms shall not restrict their re-use beyond the period of exclusivity permitted under paragraph 3 of this Article.”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years, and for very large enterprises designated as gatekeepers under Article 3(1) of Regulation (EU) 2022/1925, five years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.No renewal or extension of the period of exclusivity shall be permitted unless the public sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and in the public interest. Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms shall not restrict their re-use beyond the period of exclusivity permitted under paragraph 3 of this Article.

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32k(3)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  2. 218 Alternative Emil RadevEPP · JURI “By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall not…”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years. Where that period exceeds 10 years, itsand durationfor shall be in accordanceenterprises with applicablea Uniondesignation andas nationala lawgatekeeper subjectunder toRegulation review(EU) during the 11th year and2022/1925, if applicable, every seven5 years thereafter.

    Justification

    While the proposal improves transparency by requiring digitisation agreements to be made publicly available, the absence of a clear time limit risks perpetuating long-term exclusive control over digitised Public Domain materials. A temporal cap is necessary to ensure periodic review and preserve broad access to Europe’s cultural heritage.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Data Act Article 32k(3)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 k – paragraph 3
  3. 303 Alternative Sophia KircherEPP · IMCO “By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall not…”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years. Where that period exceeds 10 years, itsand durationfor shall be in accordanceenterprises with applicablea Uniondesignation andas nationala lawgatekeeper subjectunder toRegulation review(EU) during the 11th year and2022/1925, if applicable, every seven5 years thereafter.

    Tabled by
    Sophia Kircher
    Group
    EPP
    Targets
    Data Act Article 32k(3)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – point 3
  4. 807 Alternative Dario TamburranoThe Left · ITRE–LIBE “the beneficiary of the exclusive right is an undertaking designated as a gatekeeper pursuant to Article 3(1) of Regulation (EU) 2022/1925”

    (3) By way of derogation offrom paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the total period of exclusivity, including any renewal, extension or successive arrangement having the same or an equivalent effect, shall in general not exceed 10 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.Where the beneficiary of the exclusive right is an undertaking designated as a gatekeeper pursuant to Article 3(1) of Regulation (EU) 2022/1925, that total period shall not exceed five years. Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms, technical measures or access conditions shall not prevent or restrict their lawful re-use after the expiry of the period of exclusivity.

    Justification

    This amendment establishes an effective maximum duration for exclusive digitisation arrangements and prevents circumvention through renewals, extensions or successive agreements. It also ensures that public-domain cultural resources remain available for lawful re-use once the limited exclusivity period expires.

    Tabled by
    Dario Tamburrano
    Group
    The Left
    Targets
    Data Act Article 32k(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  5. 808 Alternative Elena Sancho Murillo +7S&D · ITRE–LIBE “and for very large enterprises, including those undertakings designated as a gatekeeper under Regulation (EU) 2022/1925, 5 years”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years, and for very large enterprises, including those undertakings designated as a gatekeeper under Regulation (EU) 2022/1925, 5 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.No renewal or extension shall be permitted unless the public sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and in the public interest. Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms shall not restrict their re-use beyond the period of exclusivity permitted under paragraph 3.

    Justification

    This

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 32k(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  6. 809 Alternative Michael McNamara +4Renew · ITRE–LIBE “The review shall include an assessement of of whether the exclusive right remains strictly necessary, proportionate and in the public interest, and…”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter. The review shall include an assessement of of whether the exclusive right remains strictly necessary, proportionate and in the public interest, and be made publicly available.

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32k(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  7. 810 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “or, where the service provider is a gatekeeper, 5 years”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years, or, where the service provider is a gatekeeper, 5 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms shall not restrict their re-use beyond the period of exclusivity permitted under paragraph 3 of this Article.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32k(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3

Paragraph 4

Added by the Council on 2 October

Paragraph 5

Added by the Council on 2 October

Paragraph 6

Added by the Council on 2 October

Parliament amendments 1

1 would add wording to paragraph 6.

  1. 304 Addition Virginie JoronPfE · IMCO “Such arrangements shall not have the aim or effect of conferring on a single enterprise, in particular a very large enterprise or an enterprise…” numbered 6a

    Text and details of Amendment 304 under the article

Paragraph 7

Added by the Council on 2 October

Provisions only Parliament amendments would add or change

2 amendments on 2 units the Commission proposal leaves unchanged

Paragraph 3a (new)New

  1. 811 Addition Michael McNamara +4Renew · ITRE–LIBE “By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity for very…” numbered 3a

    (3a) In Article 32k, the following paragraph is inserted:

    By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity for very large enterprises designated as gatekeepers under Article 3(1) of Regulation (EU) 2022/1925 shall not in general exceed five years. Where that period exceeds five years, its duration shall be in accordance with applicable Union and national law subject to review during the 6th year and, if applicable, every three years thereafter. The review shall include an assessement of whether the exclusive right remains strictly necessary, proportionate and in the public interest, and be made publicly available.'

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32k – paragraph 3a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3a (new)

Paragraph 6a (new)New

  1. 812 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Such arrangements shall not have the object or effect of conferring on a single undertaking, in particular a very large undertaking or an undertaking…” numbered 6a

    (6a) In Article 32k, the following paragraph is added:

    Such arrangements shall not have the object or effect of conferring on a single undertaking, in particular a very large undertaking or an undertaking established in or controlled from a third country, a position enabling it to capture the availability of the data for re-use to the detriment of other Union actors. Where such a risk is identified, the public sector body shall give preference to arrangements that preserve access for actors established in the Union and that foster cooperation between Member States.'

    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 32k – paragraph 6a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 6a (new)