Texts to 22 Oct 2026

Data Act· Article 32r

Text

Article 32r Data Act as printed in the Council text of 22 October 2026

Standard licences

Source Council, 22 October 2026. Article 32r: ST 14756/26, page 106 · pp. 106–107 · exact text page

Article 32r

Its wording is printed below, under Article 32r, heading, (1), (2), (3) and (4).

Article 32r, heading

Standard licences

Article 32r(1)

(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.

Article 32r(2)

(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.

Article 32r(3)

(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.

Article 32r(4)

(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 and documents, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925.

Article 32r in the whole Data Act

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph Commission19 Nov 2025Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 Oct text
32rText of the articleheading Adds Added Adds , changed since the proposal Changed Adds Unchanged Adds , changed since 18 Jun Changed 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 3
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 8
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 10

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

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 32r in this text
  2. 5 Jun 2026 JURI draft opinion · Brando Benifei (rapporteur)JURI-PA-789142 3 amendments to this article. Amendments in this document
  3. 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 32r in this text
  4. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32r in this text
  5. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 5 amendments to this article. Amendments in this document
  6. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 2 amendments to this article. Amendments in this document
  7. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 11 amendments to this article. Amendments in this document
  8. 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 32r in this text
  9. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 to 4 and changes the article. Article 32r in this text
  10. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32r in this text

Article 32r: Text of the article

Added by the Commission · changed by the Council on 10 June · changed on 3 September · changed on 2 October

Paragraph 1

Added by the Council on 2 October

Paragraph 2

Added by the Council on 2 October

Parliament amendments 3

3 propose alternative wording.

  1. 58 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in…”

    (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.

    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.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32r(2)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 2
  2. 221 Alternative David CormandGreens/EFA · JURI “nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in…”

    (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.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32r(2)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 r – paragraph 2
  3. 826 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in…”

    (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.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32r(2)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 2

Paragraph 3

Added by the Council on 2 October

Parliament amendments 8

8 propose alternative wording.

By political group; co-sponsored amendments count for each group
TypeThe LeftGreens/EFARenewEPPRapporteur
~ Alternative12131

By political group

  • ~ Alternative The Left 1 Greens/EFA 2 Renew 1 EPP 3 Rapporteur 1
  1. 59 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes”

    (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.

    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.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32r(3)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 3
  2. 222 Alternative David CormandGreens/EFA · JURI “and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes”

    (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.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32r(3)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 r – paragraph 3
  3. 223 Alternative Emil RadevEPP · JURI “Member States shall encourage the use of standard licenses for the re-use of”

    (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.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Data Act Article 32r(3)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 r – paragraph 3
  4. 311 Alternative Sophia KircherEPP · IMCO “Member States shall encourage the use of standard licenses for the re-use of”

    (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.

    Tabled by
    Sophia Kircher
    Group
    EPP
    Targets
    Data Act Article 32r(3)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 3
  5. 827 Alternative Dario TamburranoThe Left · ITRE–LIBE “or documents for any purpose and do not discriminate between categories of re-users, unless specific conditions are necessary and proportionate in…”

    (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.In Member States where licences are used, public sector bodies and public undertakings shall use standard open licences that permit the re-use of data or 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 and justified on grounds of a public interest objective. Such licences shall be available in digital format and capable of being processed electronically.

    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.

    Tabled by
    Dario Tamburrano
    Group
    The Left
    Targets
    Data Act Article 32r(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 3
  6. 828 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes”

    (3) In Member States where licences are used, publicMember sector bodiesStates shall ensure thatencourage the use of standard licenceslicenses 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.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32r(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 3
  7. 829 Alternative Aura SallaEPP · ITRE–LIBE “Member States shall encourage the use of standard licenses for the re-use of public sector data or documents.”

    (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.

    Tabled by
    Aura Salla
    Group
    EPP
    Targets
    Data Act Article 32r(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / 2023/2854 / Article 32r – paragraph 3
  8. 830 Alternative Michael McNamara +5Renew · ITRE–LIBE “Public sector bodies shall ensure that such standard licences”

    (3) In Member States where licences are used, publicMember sector bodiesStates shall ensure thatencourage the use of standard licenceslicenses 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.

    Tabled by
    Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 32r(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 3

Paragraph 4

Added by the Council on 2 October

Parliament amendments 10

4 would delete the wording and 6 propose alternative wording. Deletion amendments come from The Left, S&D, Greens/EFA and Renew.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPRapporteur
− Deletion1111··
~ Alternative··1·41

By political group

  • − Deletion The Left 1 S&D 1 Greens/EFA 1 Renew 1
  • ~ Alternative Greens/EFA 1 EPP 4 Rapporteur 1

Show

  1. 60 Alternative Brando Benifei (rapporteur)Rapporteur · JURI “and may include requirements to contribute financially or otherwise to the sustainability, maintenance, and enrichment of the underlying data…”

    (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.

    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.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 32r(4)
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 3
  2. 224 Alternative David CormandGreens/EFA · JURI “and may include requirements to contribute financially or otherwise to the sustainability, maintenance, and enrichment of the underlying data…”

    (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.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32r(4)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 r
  3. 225 Alternative Emil RadevEPP · JURI “with a designation as a gatekeeper under Regulation (EU) 2022/1925”

    (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.

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Data Act Article 32r(4)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 r – paragraph 4
  4. 312 Alternative Sophia KircherEPP · IMCO “with a designation as a gatekeeper under Regulation (EU) 2022/1925”

    (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.

    Tabled by
    Sophia Kircher
    Group
    EPP
    Targets
    Data Act Article 32r(4)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 4
  5. 831 Deletion Elena Sancho Murillo +7S&D · ITRE–LIBE Deletes the Commission’s wording

    (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.

    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.

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 32r(4)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 4
  6. 832 Deletion Michael McNamara +3Renew · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová
    Group
    Renew
    Targets
    Data Act Article 32r(4)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 4
  7. 833 Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32r(4)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 4
  8. 834 Deletion Dario TamburranoThe Left · ITRE–LIBE Deletes the Commission’s wording

    (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.

    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.

    Tabled by
    Dario Tamburrano
    Group
    The Left
    Targets
    Data Act Article 32r(4)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/285 / Article 32r – paragraph 4
  9. 835 Alternative Angelika WinzigEPP · ITRE–LIBE “charges for very large enterprises”

    (4) Public sector bodies may establishset specialdifferent conditionscharges for very large enterprises for the re-use of data and documents by very large enterprises. Such conditionscharges 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.

    Tabled by
    Angelika Winzig
    Group
    EPP
    Targets
    Data Act Article 32r(4)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 4
  10. 836 Alternative Aura SallaEPP · ITRE–LIBE “with a designation as a gatekeeper under Regulation (EU) 2022/1925”

    (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.

    Tabled by
    Aura Salla
    Group
    EPP
    Targets
    Data Act Article 32r(4)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32r – paragraph 4