Data Act · Regulation (EU) 2023/2854
Article 32r
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 4 parts · 3 Council drafts · 21 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to Data ActThe 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 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 32r
Commission proposal
Article 32r Standard licences (1) The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective. (2) When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition. (3) In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically. (4) Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
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 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32r Standard licences
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
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 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32r Standard licences
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32r Standard licences (1) The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective. (2) When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition. (3) In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically. (4) Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r 3 Council drafts
Article 32r
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32r Standard licences
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32r Standard licences
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32r Standard licences (1) The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective. (2) When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition. (3) In Member States where licences are used, public sector bodies and public undertakings shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically. (4) Public sector bodies and public undertakings may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
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
Political group at the amendment date where available; otherwise the current Parliament affiliation.
Alternative wording Amendment 58 JURI draft opinion · Brando Benifei (rapporteur)
Justification
This amendment preserves the core principles of the open data framework, in particular non-discriminatory re-use and the use of open licences as the default regime. It seeks to avoid fragmentation and legal uncertainty resulting from differentiated licence conditions for certain categories of re-users, while still allowing proportionate contributions from very large enterprises that do not undermine open access, interoperability or public-interest re-use.
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition, nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in line with paragraph 1.
- 3.
This change cannot be reconstructed from the source: 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.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition, nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in line with paragraph 1.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 59 JURI draft opinion · Brando Benifei (rapporteur)
Justification
This amendment preserves the core principles of the open data framework, in particular non-discriminatory re-use and the use of open licences as the default regime. It seeks to avoid fragmentation and legal uncertainty resulting from differentiated licence conditions for certain categories of re-users, while still allowing proportionate contributions from very large enterprises that do not undermine open access, interoperability or public-interest re-use.
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition, nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in line with paragraph 1.
- 3.
This change cannot be reconstructed from the source: 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.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically, and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 60 JURI draft opinion · Brando Benifei (rapporteur)
Justification
This amendment preserves the core principles of the open data framework, in particular non-discriminatory re-use and the use of open licences as the default regime. It seeks to avoid fragmentation and legal uncertainty resulting from differentiated licence conditions for certain categories of re-users, while still allowing proportionate contributions from very large enterprises that do not undermine open access, interoperability or public-interest re-use.
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition, nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in line with paragraph 1.
- 3.
This change cannot be reconstructed from the source: 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.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
This change cannot be reconstructed from the source: 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.
Alternative wording Amendment 221 · David Cormand JURI
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition, nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in line with paragraph 1.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 222 · David Cormand JURI
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically, and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 223 · Emil Radev JURI
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, Member States shall encourage the use of standard licenses for the re-use of public sector data or documents. Public sector bodies shall ensure that
thesuch standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically. - 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 224 · David Cormand JURI
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925, and may include requirements to contribute financially or otherwise to the sustainability, maintenance, and enrichment of the underlying data infrastructure, provided that such conditions do not restrict or negatively affect re-use by research organisations, non-commercial users, or open knowledge projects.
Alternative wording Amendment 225 · Emil Radev JURI
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises with a designation as a gatekeeper under Regulation (EU) 2022/1925. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data
, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 311 · Sophia Kircher IMCO
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, Member States shall encourage the use of standard licenses for the re-use of public sector data or documents. Public sector bodies shall ensure that
thesuch standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically. - 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 312 · Sophia Kircher IMCO
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises with a designation as a gatekeeper under Regulation (EU) 2022/1925. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data
, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 826 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition, nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in line with paragraph 1.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 827 · Dario Tamburrano ITRE · LIBE
Justification
Standard open licences maximise legal certainty, interoperability and the ability to combine information from different public sources. Specific conditions should be permitted only where they are justified by the nature of the data or documents, not by the identity or economic power of the re-user.
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies and public undertakings shall
ensureuse standard open licences thatthe standard licences forpermit the re-use ofpublicdatasectoror documents for any purpose and do not discriminate between categories of re-users, unless specific conditions are necessary and proportionate in view of the nature of the data or documents,whichandcanjustified on grounds of a public interest objective. Such licences shall beadapted to meet particular licence applications, areavailable in digital format andablecapabletoofbebeing processed electronically. - 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 828 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used,
publicMembersector bodiesStates shallensure thatencourage the use of standardlicenceslicenses for the re-use of public sector data or documents,. Public sector bodies shall ensure that such standard licences which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes. - 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 829 · Aura Salla ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, Member States shall encourage the use of standard licenses for the re-use of public sector data or documents. public sector bodies shall ensure that
thesuch standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically. - 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 830 · Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used,
publicMembersector bodiesStates shallensure thatencourage the use of standardlicenceslicenses for the re-use of public sector data or documents,.whichPublic sector bodies shall ensure that such standard licences can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically. - 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Remove proposed wording Amendment 831 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
Justification
This amendment seeks to preserve the Open Data Directive’s “open by default” principle by ensuring that market concerns are addressed through differentiated charging rather than restrictive licensing. Charging and licensing serve different purposes: fees can be adjusted for very large enterprises without limiting reuse rights. Removing actor-specific licence conditions and reinforcing standard licences will safeguard legal certainty, interoperability, and the ability to combine public sector information across Europe.
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Remove proposed wording Amendment 832 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Remove proposed wording Amendment 833 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Remove proposed wording Amendment 834 · Dario Tamburrano ITRE · LIBE
Justification
Differentiated licensing conditions would fragment the open data framework, undermine interoperability and make public sector information difficult or impossible to reuse in open knowledge projects. Economic asymmetries can be addressed through proportionate charging or technical service conditions under Article 32q, without introducing actor-specific licenses.
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 835 · Angelika Winzig ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may
establishsetspecialdifferentconditionscharges for very large enterprises for the re-use of data and documentsby very large enterprises. Suchconditionscharges shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
Alternative wording Amendment 836 · Aura Salla ITRE · LIBE
against:
Article 32r
Standard licences
- 1.
The re-use of data or documents shall not be subject to conditions, unless such conditions are objective, proportionate, non-discriminatory and justified on grounds of a public interest objective.
- 2.
When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.
- 3.
In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.
- 4.
Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises with a designation as a gatekeeper under Regulation (EU) 2022/1925. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration the economic power, or the ability of the entity to acquire data
, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.
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Article 32r
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
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Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 32r
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 32r
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 32r(2)
Wording reproduced in the amendment → Amendment 826 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 826 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32r(2)
Wording reproduced in the amendment → Amendment 221 · JURI amendments 69–296 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 221 · JURI amendments 69–296 to the draft opinion
Article 32r(2)
Wording reproduced in the amendment → Amendment 58 · JURI draft opinion · Brando Benifei (rapporteur)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 58 · JURI draft opinion · Brando Benifei (rapporteur)
Article 32r(3)
Wording reproduced in the amendment → Amendment 827 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 827 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32r(3)
Wording reproduced in the amendment → Amendment 828 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 828 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32r(3)
Wording reproduced in the amendment → Amendment 829 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 829 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32r(3)
Wording reproduced in the amendment → Amendment 830 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 830 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32r(3)
Wording reproduced in the amendment → Amendment 311 · IMCO amendments 125–328 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 311 · IMCO amendments 125–328 to the draft opinion
Article 32r(3)
Wording reproduced in the amendment → Amendment 222 · JURI amendments 69–296 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 222 · JURI amendments 69–296 to the draft opinion
Article 32r(3)
Wording reproduced in the amendment → Amendment 223 · JURI amendments 69–296 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 223 · JURI amendments 69–296 to the draft opinion
Article 32r(3)
Wording reproduced in the amendment → Amendment 59 · JURI draft opinion · Brando Benifei (rapporteur)
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 59 · JURI draft opinion · Brando Benifei (rapporteur)
Article 32r(4)
Wording reproduced in the amendment → Amendment 831 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 831 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 32r(4)
Wording reproduced in the amendment → Amendment 832 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 832 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 32r(4)
Wording reproduced in the amendment → Amendment 833 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 833 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 32r(4)
Wording reproduced in the amendment → Amendment 834 · ITRE–LIBE amendments 777–1052 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 834 · ITRE–LIBE amendments 777–1052 to the draft report: removal
This wording is removed.
Article 32r(4)
Wording reproduced in the amendment → Amendment 835 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 835 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32r(4)
Wording reproduced in the amendment → Amendment 836 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 836 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32r(4)
Wording reproduced in the amendment → Amendment 312 · IMCO amendments 125–328 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 312 · IMCO amendments 125–328 to the draft opinion
Article 32r(4)
Wording reproduced in the amendment → Amendment 224 · JURI amendments 69–296 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 224 · JURI amendments 69–296 to the draft opinion
Article 32r(4)
Wording reproduced in the amendment → Amendment 225 · JURI amendments 69–296 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 225 · JURI amendments 69–296 to the draft opinion
Article 32r(4)
Wording reproduced in the amendment → Amendment 60 · JURI draft opinion · Brando Benifei (rapporteur)
Changes in context
RemovedAdded