Data Act· Article 32p
Text
Article 32p Data Act as printed in the Council text of 22 October 2026
Available formats
Source Council, 22 October 2026. Article 32p: ST 14756/26, page 103 · pp. 103–104 · exact text page
Article 32p
Its wording is printed below, under Article 32p, heading, (1), (2), (3), (4), (5), (6), (7) and (8).
Article 32p, heading
Available formats
Article 32p(1)
Without prejudice to Subsection 5, public sector bodies and public undertakings shall make their data available in any pre-existing format or language by electronic means, in formats that are open, machine-readable, accessible, findable and re-usable, together with their metadata. Both the format and the metadata shall, where possible, comply with formal open standards. Public sector bodies and public undertakings shall make their documents available in any pre-existing format or language.
Article 32p(2)
Wherever possible and appropriate, public sector bodies and public undertakings shall produce and make available data or documents falling within the scope of this Section in accordance with the principle of ‘open by design and by default’.
Article 32p(3)
Paragraph 1 shall not imply an obligation for public sector bodies to create or adapt data or documents or provide extracts in order to comply with that paragraph where this would involve disproportionate effort, going beyond a simple operation.
Article 32p(4)
Public sector bodies shall not be required to continue the production and storage of a certain type of data or document with a view to the re-use of such data or documents by a private or public sector organisation.
Article 32p(5)
Public sector bodies shall make dynamic data available for re-use immediately after collection, via suitable APIs and, where relevant, as a bulk download.
Article 32p(6)
Where making dynamic data available for re-use immediately after collection, as referred to in paragraph 5, would exceed the financial and technical capacities of the public sector body, thereby imposing a disproportionate effort, those dynamic data shall be made available for re-use within a time frame or with temporary technical restrictions that do not unduly impair the exploitation of their economic and social potential.
Article 32p(7)
Paragraphs 1 to 6 shall apply to existing data or documents held by public undertakings which are available for re-use.
Article 32p(8)
The high-value datasets, as listed in accordance with Article 32v(1) shall be made available for re-use in machine- readable format, via suitable APIs and, where relevant, as a bulk download.
How each paragraph has changed
| What each text would do to the law in force | |||||||
|---|---|---|---|---|---|---|---|
| Paragraph | Commission19 Nov 2025 | Council10 Jun 2026 | Council18 Jun 2026 | Council3 Sep 2026 | Council2 Oct 2026 | Council22 Oct 2026 | Parliamentamendments |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text | |
| 32pText of the articleheading | Adds Added | Adds , changed since the proposal Changed | Adds Unchanged | Adds Unchanged | Adds , changed since 3 Sep Changed | Adds Unchanged | 0 |
| 1Paragraph 1 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 0 |
| 2Paragraph 2 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 1 |
| 3Paragraph 3 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 0 |
| 4Paragraph 4 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 0 |
| 5Paragraph 5 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 0 |
| 6Paragraph 6 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 2 |
| 7Paragraph 7 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 0 |
| 8Paragraph 8 | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Adds , added since 3 Sep Added | Adds Unchanged | 0 |
Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before
Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 32p in this text
- 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 32p in this text
- 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32p in this text
- 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 1 amendment to this article. Amendments in this document
- 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 2 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 32p in this text
- 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 to 8 and changes the article. Article 32p in this text
- 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32p in this text
Article 32p: Text of the article
Added by the Commission · changed by the Council on 10 June · changed on 2 October
Paragraph 1
Added by the Council on 2 October
Paragraph 2
Added by the Council on 2 October
Parliament amendments 1
1 proposes alternative wording.
818 ~Alternative Mary KhanESN · ITRE–LIBE “and documents which are publicly available under national law, provided also that their publication does not pose any risk for the protection of…”
(2)
Member States shall encourage public sector bodies and public undertakings to produce and make available data or documents falling within the scope of this Section in accordance with the principle of ‘open by design and by default.Member States may encourage public sector bodies and public undertakings to make available in open format data and documents which are publicly available under national law, provided also that their publication does not pose any risk for the protection of personal data, public security, critical infrastructure, trade secrets or other essential public interests.- Tabled by
- Mary Khan
- Group
- ESN
- Targets
- Data Act Article 32p(2)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 27
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32p – paragraph 2
Paragraph 3
Added by the Council on 2 October
Paragraph 4
Added by the Council on 2 October
Paragraph 5
Added by the Council on 2 October
Paragraph 6
Added by the Council on 2 October
Parliament amendments 2
2 propose alternative wording.
306 ~Alternative Virginie JoronPfE · IMCO “Temporary technical restrictions may also be applied, in so far as necessary and proportionate, where the immediate or large-scale making available…”
(6) Where making dynamic data available for re-use immediately after collection, as referred to in paragraph 5, would exceed the financial and technical capacities of the public sector body, thereby imposing a disproportionate effort, those dynamic data shall be made available for re-use within a time frame or with temporary technical restrictions that do not unduly impair the exploitation of their economic and social potential. Temporary technical restrictions may also be applied, in so far as necessary and proportionate, where the immediate or large-scale making available of the data would be liable to have an adverse effect on the public security or economic security of the Union or a Member State.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 32p(6)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 145
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 p
819 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Temporary technical restrictions may also be applied, to the extent necessary and proportionate, where the immediate or bulk availability of the data…”
(6) Where making dynamic data available for re-use immediately after collection, as referred to in paragraph 5, would exceed the financial and technical capacities of the public sector body, thereby imposing a disproportionate effort, those dynamic data shall be made available for re-use within a time frame or with temporary technical restrictions that do not unduly impair the exploitation of their economic and social potential. Temporary technical restrictions may also be applied, to the extent necessary and proportionate, where the immediate or bulk availability of the data would be liable to harm public security or the economic security of the Union or of a Member State.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 32p(6)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32p – paragraph 6
Paragraph 7
Added by the Council on 2 October
Paragraph 8
Added by the Council on 2 October