Regulation (EU) 2023/2854 — Article 32n

Article total: 3 parts · 3 Council drafts · 3 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 32n

General principle for re-use of open government data

1.

Data or documents in scope of this Section shall be re-usable for commercial or non- commercial purposes in accordance with Section 1 and Section 2 Subsection 3.
2.

For data or documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for data or documents held by public undertakings, where the re-use of such data or documents is allowed, those data or documents shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3.

Commission source wording and instructions

Article 32n

Commission proposal

Article 32n General principle for re-use of open government data (1) Data or documents in scope of this Section shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3. (2) For data or documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for data or documents held by public undertakings, where the re-use of such data or documents is allowed, those data or documents shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3. Subsection 2 Requests for re-use

Institutional text

Council Presidency texts

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

Council document

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Article 32n

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32n General principle for re-use of public sector open data

(1)

Data or documents in scope of this Section shall be re-usable for commercial or noncommercial purposes in accordance with Section 1 and Section 2 Subsection 3.

(2)

For data or documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for data or documents held by public undertakings, where the re-use of such data or documents is allowed, those data or documents shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3. Subsection 3 Conditions for re-use

Article 32n 3 Council drafts

Article 32n

10 June 2026 · June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32n General principle for re-use of public sector open data

(1)

Data or documents in scope of this Section shall be re-usable for commercial or noncommercial purposes in accordance with Section 1 and Section 2 Subsection 3.

(2)

Article 32n

18 June 2026 · June Presidency compromise · 18 June

Council wording reconstructed for this provision from the official operation

Article 32n General principle for re-use of public sector open data

(1)

Data or documents in scope of this Section shall be re-usable for commercial or noncommercial purposes in accordance with Section 1 and Section 2 Subsection 3.

(2)

Article 32n

3 September 2026 · September Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 32n General principle for re-use of open data (1) Data or documents in scope of this Section shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3. (2) For data or documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for data or documents held by public undertakings, where the re-use of such data or documents is allowed, those data or documents shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3. Subsection 3 Requests for re-use

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

Search amendments

Political group at the amendment date where available; otherwise the current Parliament affiliation.

Alternative wording Amendment 57 JURI draft opinion · Brando Benifei (rapporteur)

(1) Data or documents in scope of this Section shall, where their re-use is allowed, be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3.

Justification

This amendment reintroduces the general horizontal principle currently contained in Article 1(2) DGA concerning the relationship between this Chapter, existing Union and national access regimes, and other legal obligations. It helps ensure legal certainty by clarifying that the Regulation does not alter existing rules governing access to documents, confidentiality obligations or applicable legal frameworks.

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Unresolved changes and source qualifications

Unresolved change: The official source replaces Article 2 point (49) with the printed dynamic-data definition; it is not a pure addition. The accepted relationship does not establish the surrounding ordered replacement/removal chain for the following Commission points. Without verified removals and renumbering, applying point (49) alone leaves the dynamic-data, research-data and re-use definitions at points (50), (51) and (52) without a source-backed chain and risks duplicate definitions; preserve this amendment as incomplete. Unresolved change: The official header and unit label identify Regulation (EU) 2023/2854 Article 2 point 50, while the copied base text uniquely reproduces a different Commission definition within the same replace-proposed-text operation. Preserve the printed target and copied source columns; the full-article scenario remains incomplete and neither target is silently substituted. Unresolved change: The official amendment header and unit label identify the printed legal target, while its copied base text uniquely reproduces a different Commission definition in the same operation. The printed target is preserved and the full-article scenario remains incomplete; neither target is silently substituted. Unresolved change: The official header and unit label identify Regulation (EU) 2023/2854 Article 2 point 51, while the copied base text uniquely reproduces a different Commission definition within the same replace-proposed-text operation. Preserve the printed target and copied source columns; the full-article scenario remains incomplete and neither target is silently substituted. Unresolved change: The official source header identifies Article 32r paragraph 3, while both source columns reproduce paragraph (4). The header remains authoritative and no corrected legal target is substituted.

Article 32n

General principle for re-use of open government data

1.

Data or documents in scope of this Section shall, where their re-use is allowed, be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3.
2.

For data or documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for data or documents held by public undertakings, where the re-use of such data or documents is allowed, those data or documents shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection
3.

Subsection 2 Requests for re-use

Alternative wording Amendment 815 ITRE · LIBE

(1) Data or documents in scope of this Section shall be re-usable ~~for commercial or non-commercial purposes~~ in accordance with Section 1 and Section 2 Subsection 3.

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Alternative wording Amendment 816 ITRE · LIBE

(2) For data or documents in which libraries, including university libraries, museums and archives hold intellectual property rights and for data or documents held by public undertakings, where the re-use of such data or documents is allowed in accordance with national legislation, those data or documents shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3.

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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 815 · ITRE–LIBE amendments 777–1052 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 57 · JURI draft opinion · Brando Benifei (rapporteur)

Changes in context

Wording reproduced in the amendment

Amendment 816 · ITRE–LIBE amendments 777–1052 to the draft report