Data Act · Regulation (EU) 2023/2854
Article 32t
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 4 parts · 3 Council drafts · 5 Parliament amendments
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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 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re- usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre- existing intellectual property rights shall be taken into account.
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 32t
Commission proposal
Article 32t Research data (1) Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations. (2) Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre-existing intellectual property rights shall be taken into account. Subsection 5 High-value datasets
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 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32i, paragraph 3, point (d), research data shall be reusable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and preexisting intellectual property rights shall be taken into account. Subsection 5 High-value datasets
Article 32t
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32t Research data
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations. (2) Without prejudice to Article 32i, paragraph 3, point (d), research data shall be reusable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and preexisting intellectual property rights shall be taken into account. Subsection 5 High-value datasets
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 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32i, paragraph 3, point (d), research data shall be reusable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and preexisting intellectual property rights shall be taken into account. Subsection 5 High-value datasets
Article 32t
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32t Research data
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations. (2) Without prejudice to Article 32i, paragraph 3, point (d), research data shall be reusable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and preexisting intellectual property rights shall be taken into account. Subsection 5 High-value datasets
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 2, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre-existing intellectual property rights shall be taken into account.
Article 32t
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32t Research data (1) Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations. (2) Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 2, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre-existing intellectual property rights shall be taken into account.
Article 32t 3 Council drafts
Article 32t
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32t Research data
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations. (2) Without prejudice to Article 32i, paragraph 3, point (d), research data shall be reusable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and preexisting intellectual property rights shall be taken into account. Subsection 5 High-value datasets
Article 32t
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32t Research data
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations. (2) Without prejudice to Article 32i, paragraph 3, point (d), research data shall be reusable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and preexisting intellectual property rights shall be taken into account. Subsection 5 High-value datasets
Article 32t
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32t Research data (1) Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations. (2) Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re-usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 2, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre-existing intellectual property rights shall be taken into account.
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
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Alternative wording Amendment 226 · David Cormand JURI
against:
Article 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, and bearing in mind the Union’s broader commitment to open science, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re-
Alternative wording Amendment 227 · David Cormand JURI
against:
Article 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, and bearing in mind the Union’s broader commitment to open science, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re-
Alternative wording Amendment 837 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 32t
Research data
- 1.
Member States shall support the availability of research data, as well as scientific publications, by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re-
Additional proposed wording Amendment 838 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
A Member State may restrict the dissemination or re-use of certain research data where the applicable framework does not offer sufficient safeguards against the unauthorised transfer of knowledge, the infringement of intellectual property rights, or the exposure of the data to the extraterritorial application of a third-country law liable to harm the security or economic security of the Union or of a Member State.
Justification
The principle of open access to publicly funded research data is qualified by the principle of ‘as open as possible, as closed as necessary’, which already requires that security, intellectual property and legitimate commercial interests be taken into account. In order to give effect to that qualification, and without prejudice to the European Research Area, a Member State should be able to restrict the dissemination or re-use of certain research data where the applicable framework does not adequately protect against the unauthorised transfer of knowledge, the infringement of intellectual property rights, or the exposure of the data to the extraterritorial reach of a third-country law liable to harm the security or economic security of the Union or of a Member State. Confined to what is necessary and proportionate, this possibility reinforces the protection of strategic knowledge and of intellectual property without calling into question the openness of European research.
against:
Article 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 1a.
A Member State may restrict the dissemination or re-use of certain research data where the applicable framework does not offer sufficient safeguards against the unauthorised transfer of knowledge, the infringement of intellectual property rights, or the exposure of the data to the extraterritorial application of a third-country law liable to harm the security or economic security of the Union or of a Member State.
- 2.
Without prejudice to Article 32n, paragraph 3, point (d), research data shall be re- usable for commercial or non-commercial purposes in accordance with Section 1 and Section 2 Subsection 3, insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre- existing intellectual property rights shall be taken into account.
Alternative wording Amendment 839 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
against:
Article 32t
Research data
- 1.
Member States shall support the availability of research data by adopting national policies and relevant actions aiming at making publicly funded research data openly available (‘open access policies’), following the principle of ‘open by default’ and compatible with the FAIR principles. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’. Those open access policies shall be addressed to research performing organisations and research funding organisations.
- 2.
Without prejudice to Article 32n, paragraph 3, point (d), research data, as well as scientific publications, shall be re-
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Article 32t
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 32t
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 32t
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 32t(1)
Wording reproduced in the amendment → Amendment 837 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 837 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32t(1)
Wording reproduced in the amendment → Amendment 226 · JURI amendments 69–296 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 226 · JURI amendments 69–296 to the draft opinion
Article 32t(1)
Wording reproduced in the amendment → Amendment 227 · JURI amendments 69–296 to the draft opinion
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 227 · JURI amendments 69–296 to the draft opinion
Article 32t(2)
Wording reproduced in the amendment → Amendment 839 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded