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Texts to 22 Oct 2026

Data Act· Article 32t

Text

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

Research data

Source Council, 22 October 2026. Article 32t: ST 14756/26, page 108 · exact text page

Article 32t

Its wording is printed below, under Article 32t(1) and (2).

Article 32t(1)

(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.

Article 32t(2)

(2)

Without prejudice to Article 32i, 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 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
32tText of the article Adds Added Adds Unchanged Adds Unchanged Adds , changed since 18 Jun Changed Adds Unchanged 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 3
2Paragraph 2 Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Adds , added since 3 Sep Added Adds Unchanged 1
Provisions only Parliament would add or change1 unit 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 Not in the law in force or this text In neither text Not in the law in force or this text In neither text 1

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 32t in this text
  2. 10 Jun 2026 Council textST 10426/26 Unchanged Same as the text before. Article 32t in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32t in this text
  4. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 2 amendments to this article. Amendments in this document
  5. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 3 amendments to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 32t in this text
  7. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 and 2. Article 32t in this text
  8. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32t in this text

Article 32t: Text of the article

Added by the Commission · changed by the Council on 3 September

Paragraph 1

Added by the Council on 2 October

Parliament amendments 3

3 propose alternative wording.

  1. 226 Alternative David CormandGreens/EFA · JURI “and bearing in mind the Union’s broader commitment to open science”

    (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.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32t(1)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 t
  2. 227 Alternative David CormandGreens/EFA · JURI “and bearing in mind the Union’s broader commitment to open science”

    (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.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32t(1)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 t
  3. 837 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “as well as scientific publications”

    (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.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32t(1)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2864 / Article 32t – paragraph 1

Paragraph 2

Added by the Council on 2 October

Parliament amendments 1

1 proposes alternative wording.

  1. 839 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “as well as scientific publications”

    (2) Without prejudice to Article 32n, paragraph 3, point (d), research data, as well as scientific publications, 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.

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

Provisions only Parliament amendments would add or change

1 amendment on 1 unit the Commission proposal leaves unchanged

Paragraph 1a (new)New

  1. 838 Addition Julie Rechagneux +7ECR, PfE · 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…” numbered 1a

    (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.

    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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 32t – paragraph 1a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32t – paragraph 1a (new)