Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 32p

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

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

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 32p

Available formats

  1. 1.

    Without prejudice to Subsection 5, public sector bodies and public undertakings shall make their data or documents available in any pre-existing format or language and, where possible and appropriate, 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.

  2. 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.

  3. 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.

  4. 4.

    Public sector bodies shall not be required to continue the production and storage of a certain type of document with a view to the re-use of such data or documents by a private or public sector organisation.

  5. 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.

  6. 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.

  7. 7.

    Paragraphs 1 to 6 shall apply to existing data or documents held by public undertakings which are available for re-use.

  8. 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.

Commission source wording and instructions

Article 32p

Commission proposal

Article 32p Available formats (1) Without prejudice to Subsection 5, public sector bodies and public undertakings shall make their data or documents available in any pre-existing format or language and, where possible and appropriate, 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. (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. (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. (4) Public sector bodies shall not be required to continue the production and storage of a certain type of document with a view to the re-use of such data or documents by a private or public sector organisation. (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. (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. (7) Paragraphs 1 to 6 shall apply to existing data or documents held by public undertakings which are available for re-use. (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.

Institutional text

Council Presidency texts

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

Article 32p

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32p Available formats

Competing proposals

European Parliament amendments

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

More filters

Alternative wording Amendment 306 · Virginie Joron IMCO
(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.
Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 p

Alternative wording Amendment 818 · Mary Khan ITRE · LIBE
(2) Member States shallmay encourage public sector bodies and public undertakings to produce and 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 documentsother fallingessential withinpublic the scope of this Section in accordance with the principle of ‘open by design and by defaultinterests.
Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32p – paragraph 2

Alternative wording Amendment 819 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(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.
Preview
against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32p – paragraph 6