Regulation (EU) 2023/2854 — Article 32k

Article total: 6 parts · 3 Council drafts · 12 Parliament amendments

Tracked part

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

All Commission’s changes to Data Act

The 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 32k

Exclusive arrangements

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.
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:
1. (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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Commission source wording and instructions

Article 32k

Commission proposal

Article 32k Exclusive arrangements (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. (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: (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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. (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. (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. (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, the duration of the contract shall be the same as the duration of the exclusive right. (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 arrangementsshall 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. (7) For existing exclusive arrangements, the following shall apply: (a) exclusive arrangements concerning data and documents within the scope of Section 2existing 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; (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;

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Council document

View full Council comparison →

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 32k

Exclusive arrangements

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.
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:
1. (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 nondiscrimination. (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. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
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.
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.
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.
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.
7.
For existing exclusive arrangements, the following shall apply:
1. (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;
2. (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

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32k Exclusive arrangements

(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.

(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:

(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 nondiscrimination.

(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.

(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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.

(d)

exclusive arrangements 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.

(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.

(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.

(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.

(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.

(7)

For existing exclusive arrangements, the following shall apply:

(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;

(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

View full Council comparison →

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 32k

Exclusive arrangements

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.
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:
1. (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 nondiscrimination. (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. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
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.
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.
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.
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.
7.
For existing exclusive arrangements, the following shall apply:
1. (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;
2. (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

June Presidency compromise · 18 June

Council wording reconstructed for this provision from the official operation

Article 32k Exclusive arrangements

(1)

(2)

(a)

(b)

(c)

(d)

(3)

(4)

(5)

(6)

(7)

For existing exclusive arrangements, the following shall apply:

(a)

(b)

View full Council comparison →

Article in September Presidency compromise Council text

Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)

Article 32k

Exclusive arrangements

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.
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:
1. (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. (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. (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. (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.
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.
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.
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.
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.
7.
For existing exclusive arrangements, the following shall apply:
1. (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;
2. (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

September Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 32k Exclusive arrangements (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. (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: (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. (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. (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. (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. (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. (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. (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. (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. (7) For existing exclusive arrangements, the following shall apply: (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; (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 3 Council drafts

Article 32k

10 June 2026 · June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32k Exclusive arrangements

(1)

(2)

(a)

(b)

(c)

(d)

(3)

(4)

(5)

(6)

(7)

For existing exclusive arrangements, the following shall apply:

(a)

(b)

Article 32k

18 June 2026 · June Presidency compromise · 18 June

Council wording reconstructed for this provision from the official operation

Article 32k Exclusive arrangements

(1)

(2)

(a)

(b)

(c)

(d)

(3)

(4)

(5)

(6)

(7)

For existing exclusive arrangements, the following shall apply:

(a)

(b)

Article 32k

3 September 2026 · September Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 32k Exclusive arrangements (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. (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: (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. (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. (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. (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. (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. (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. (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. (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. (7) For existing exclusive arrangements, the following shall apply: (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; (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

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Alternative wording Amendment 30 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)

(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~~No ~~that~~renewal or extension of the period ~~exceeds~~of ~~10 years, its duration~~exclusivity shall be inpermitted ~~accordance~~unless ~~with~~the ~~applicable~~public ~~Union~~sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and ~~national law subject to review during~~in the ~~11th~~public ~~year~~interest. ~~and,~~Digitised ifcultural ~~applicable,~~resources ~~every~~that ~~seven~~are ~~years~~in ~~thereafter~~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.

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Article 32k

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
3.

By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall not exceed 10 years, and for very large enterprises designated as gatekeepers under Article 3(1) of Regulation (EU) 2022/1925, five years. 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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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~~No ~~that~~renewal or extension of the period ~~exceeds~~of ~~10 years, its duration~~exclusivity shall be inpermitted ~~accordance~~unless ~~with~~the ~~applicable~~public ~~Union~~sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and ~~national law subject to review during~~in the ~~11th~~public ~~year~~interest. ~~and,~~Digitised ifcultural ~~applicable,~~resources ~~every~~that ~~seven~~are ~~years~~in ~~thereafter~~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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Alternative wording Amendment 218 JURI

(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~~and ~~duration~~for ~~shall be in accordance~~enterprises with ~~applicable~~a ~~Union~~designation ~~and~~as ~~national~~a ~~law~~gatekeeper ~~subject~~under toRegulation ~~review~~(EU) ~~during the 11th year and~~2022/1925, ~~if applicable, every seven~~5 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.

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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~~and ~~duration~~for ~~shall be in accordance~~enterprises with ~~applicable~~a ~~Union~~designation ~~and~~as ~~national~~a ~~law~~gatekeeper ~~subject~~under toRegulation ~~review~~(EU) ~~during the 11th year and~~2022/1925, ~~if applicable, every seven~~5 years ~~thereafter~~.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Additional proposed wording Amendment 302 IMCO

(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.

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;
(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.

Alternative wording Amendment 303 IMCO

(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~~and ~~duration~~for ~~shall be in accordance~~enterprises with ~~applicable~~a ~~Union~~designation ~~and~~as ~~national~~a ~~law~~gatekeeper ~~subject~~under toRegulation ~~review~~(EU) ~~during the 11th year and~~2022/1925, ~~if applicable, every seven~~5 years ~~thereafter~~.

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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~~and ~~duration~~for ~~shall be in accordance~~enterprises with ~~applicable~~a ~~Union~~designation ~~and~~as ~~national~~a ~~law~~gatekeeper ~~subject~~under toRegulation ~~review~~(EU) ~~during the 11th year and~~2022/1925, ~~if applicable, every seven~~5 years ~~thereafter~~.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Additional proposed wording Amendment 304 IMCO

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.

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
(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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Additional proposed wording Amendment 806 ITRE · LIBE

(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.'

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
5. (da)
  1. 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.'
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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Alternative wording Amendment 807 ITRE · LIBE

(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 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 ~~exceeds~~shall 10not exceed five years,. ~~its~~Digitised ~~duration~~cultural resources that are in the public domain shall beremain in ~~accordance~~the ~~with~~public ~~applicable~~domain ~~Union~~after ~~and~~digitisation. ~~national~~Contractual ~~law~~terms, ~~subject~~technical tomeasures ~~review~~or ~~during~~access conditions shall not prevent or restrict their lawful re-use after the ~~11th~~expiry ~~year~~of ~~and,~~the ifperiod ~~applicable,~~of ~~every seven years thereafter~~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.

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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 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 ~~exceeds~~shall 10not exceed five years,. ~~its~~Digitised ~~duration~~cultural resources that are in the public domain shall beremain in ~~accordance~~the ~~with~~public ~~applicable~~domain ~~Union~~after ~~and~~digitisation. ~~national~~Contractual ~~law~~terms, ~~subject~~technical tomeasures ~~review~~or ~~during~~access conditions shall not prevent or restrict their lawful re-use after the ~~11th~~expiry ~~year~~of ~~and,~~the ifperiod ~~applicable,~~of ~~every seven years thereafter~~exclusivity.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Alternative wording Amendment 808 ITRE · LIBE

(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~~No ~~that~~renewal ~~period~~or ~~exceeds 10 years, its duration~~extension shall be inpermitted ~~accordance~~unless ~~with~~the ~~applicable~~public ~~Union~~sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and ~~national law subject to review during~~in the ~~11th~~public ~~year~~interest. Digitised ~~and,~~cultural ifresources ~~applicable,~~that ~~every~~are ~~seven~~in ~~years~~the ~~thereafter~~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

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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~~No ~~that~~renewal ~~period~~or ~~exceeds 10 years, its duration~~extension shall be inpermitted ~~accordance~~unless ~~with~~the ~~applicable~~public ~~Union~~sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and ~~national law subject to review during~~in the ~~11th~~public ~~year~~interest. ~~and,~~Digitised ifcultural ~~applicable,~~resources ~~every~~that ~~seven~~are ~~years~~in ~~thereafter~~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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Alternative wording Amendment 809 ITRE · LIBE

(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.

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Alternative wording Amendment 810 ITRE · LIBE

(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~~Digitised cultural resources that ~~period~~are ~~exceeds~~in 10the ~~years,~~public ~~its duration~~domain shall beremain in ~~accordance~~the ~~with~~public ~~applicable~~domain ~~Union~~after ~~and~~digitisation. ~~national~~Contractual ~~law~~terms ~~subject~~shall tonot ~~review~~restrict ~~during~~their re-use beyond the ~~11th~~period ~~year~~of ~~and,~~exclusivity ifpermitted ~~applicable,~~under ~~every~~paragraph ~~seven~~3 ~~years~~of ~~thereafter~~this Article.

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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. (b) the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years. (d) exclusive arrangements 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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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~~Digitised cultural resources that ~~period~~are ~~exceeds~~in 10the ~~years,~~public ~~its duration~~domain shall beremain in ~~accordance~~the ~~with~~public ~~applicable~~domain ~~Union~~after ~~and~~digitisation. ~~national~~Contractual ~~law~~terms ~~subject~~shall tonot ~~review~~restrict ~~during~~their re-use beyond the ~~11th~~period ~~year~~of ~~and,~~exclusivity ifpermitted ~~applicable,~~under ~~every~~paragraph ~~seven~~3 ~~years~~of ~~thereafter~~this Article.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Additional proposed wording Amendment 811 ITRE · LIBE

(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.'

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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.
3a.

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.'
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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;

Additional proposed wording Amendment 812 ITRE · LIBE

(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.'

Preview
against:

Article 32k

Exclusive arrangements

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.
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:
1. (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.
2. (b)
  
  the agreements granting the exclusive right, including the reasons as to why it is necessary to grant such a right, is transparent and made publicly available online, in a form that complies with relevant Union law on public procurement and national law.
3. (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 within the scope of Section 2 shall be subject to regular review, and shall in any event, be reviewed every three years.
4. (d)
  
  exclusive arrangements 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.
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.
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.
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, the duration of the contract shall be the same as the duration of the exclusive right.
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 arrangementsshall 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.
6a.

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.'
7.
For existing exclusive arrangements, the following shall apply:
1. (a)
  
  exclusive arrangements concerning data and documents within the scope of Section 2existing 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;
2. (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 in June Presidency compromise · 10 June Council text

Article in June Presidency compromise · 18 June Council text

Article in September Presidency compromise Council text

Changes in context

European Commission proposal

Council Presidency text · ST 10426/26

Changes in context

Council Presidency text · ST 10426/26

Council Presidency text · ST 10677/26

Changes in context

Council Presidency text · ST 10677/26

Council Presidency text · ST 12535/26

Changes in context

Wording reproduced in the amendment

Amendment 807 · ITRE–LIBE amendments 777–1052 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 808 · ITRE–LIBE amendments 777–1052 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 809 · ITRE–LIBE amendments 777–1052 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 810 · ITRE–LIBE amendments 777–1052 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 30 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)

Changes in context

Wording reproduced in the amendment

Amendment 303 · IMCO amendments 125–328 to the draft opinion

Changes in context

Wording reproduced in the amendment

Amendment 218 · JURI amendments 69–296 to the draft opinion