Data Act· Article 32v

Text

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

Specific high-value datasets and arrangements for publication and re-use

Source Council, 22 October 2026. Article 32v: ST 14756/26, page 109 · pp. 109–110 · exact text page

Article 32v

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

Article 32v, heading

Specific high-value datasets and arrangements for publication and re-use

Article 32v(1)

(1)

The Commission shall adopt implementing acts laying down a list of specific high-value datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies.

Such specific high-value datasets shall be:

Article 32v(1)(a)

(a)

available free of charge, subject to paragraphs 3, and 4;

Article 32v(1)(b)

(b)

machine readable;

Article 32v(1)(c)

(c)

provided via APIs; and

Article 32v(1)(d)

(d)

provided as a bulk download, where relevant.

Article 32v(1) (continued)

Those implementing acts may specify the arrangements for the publication and re-use of high-value datasets. Such arrangements shall be compatible with open standard licences.

The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).

Article 32v(2)

(2)

The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to:

Article 32v(2)(a)

(a)

generate significant socioeconomic or environmental benefits and innovative services;

Article 32v(2)(b)

(b)

benefit a high number of users, in particular SMEs and SMCs;

Article 32v(2)(c)

(c)

assist in generating revenues; and

Article 32v(2)(d)

(d)

be combined with other datasets.

Article 32v(2) (continued)

For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2007/2/EC and Directive 2010/40/EU of the European Parliament and of the Council, with respect to the re-use of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.

Article 32v(3)

(3)

By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.

Article 32v(4)

(4)

The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives.

Article 32v in the whole Data Act

How the provision changed

Show the statuses Against the law in forceAgainst the text before

Each text against the law in forceEach text against the text before it

Element	Commission19 Nov 2025Art 32v	Council10 Jun 2026Art 32v	Council18 Jun 2026Art 32v	Council3 Sep 2026Art 32v	Council2 Oct 2026Art 32v	Council22 Oct 2026Art 32v
	What each text would do to the law in force
Compared with	law in force	the proposal	10 Jun text	18 Jun text	3 Sep text	2 Oct text
Implementing acts listing high-value datasets	32v(1) Adds Added	32v(1) Adds Unchanged	32v(1) Adds Unchanged	32v(1) Adds, changed since 18 Jun Changed	32v(1) Adds Unchanged	32v(1) Adds Unchanged
Criteria for identifying high-value datasets	32v(2) Adds Added	32v(2) Adds Unchanged	32v(2) Adds Unchanged	32v(2) Adds Unchanged	32v(2) Adds, changed since 3 Sep Changed	32v(2) Adds Unchanged
Derogation for public undertakings	32v(3) Adds Added	32v(3) Adds Unchanged	32v(3) Adds Unchanged	32v(3) Adds Unchanged	32v(3) Adds Unchanged	32v(3) Adds Unchanged
Exemption for libraries, museums and archives	32v(4) Adds Added	32v(4) Adds, changed since the proposal Changed From 10 June the wording recorded for this paragraph ends with the heading of Section 3 (‘Re-use of certain categories of protected data held by public sector bodies’).	32v(4) Adds Unchanged	32v(4) Adds Unchanged	32v(4) Adds, changed since 3 Sep Changed	32v(4) Adds Unchanged
Temporary exemption for bodies required to generate revenue	32v(5) Adds Added	Not in the law in force or this text, dropped since the proposal Dropped	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

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−Dropped drops a provision the text before added=Unchanged same as the text before— in neither text

Parliament amendments

7 amendments to this article

1 would delete the wording, 2 propose alternative wording and 4 would add wording.

By political group; co-sponsored amendments count for each group
Type	The Left	ECR	PfE
− Deletion	1	·	·
~ Alternative	2	·	·
+ Addition	·	2	4

By political group

− Deletion The Left 1
~ Alternative The Left 2
+ Addition ECR 2 PfE 4

Show

All7 − Deletion1~ Alternative2+ Addition4

Article 32v as a whole2 amendments

314 Addition Virginie JoronPfE · IMCO “where they contain personal data, protected against any misuse or transfer to a third country liable to have a detrimental effect on the rights of…”

(da)where they contain personal data, protected against any misuse or transfer to a third country liable to have a detrimental effect on the rights of the data subjects, through anonymisation or, where anonymisation is not possible, pseudonymisation carried out in accordance with state-of-the-art techniques aimed at preserving and reinforcing privacy protection;

Tabled by
Virginie Joron
Group
PfE
Targets
Data Act Article 32v
Document
IMCO amendments 125–328 to the draft opinion
Source
Official text, pages 150–151
Printed header
Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 v
Links
Link to this amendment
Cite this amendment
315 Addition Virginie JoronPfE · IMCO “where they contain data that may be regarded as trade secrets, know-how or other strategically sensitive economic information, made available subject…”

(db)where they contain data that may be regarded as trade secrets, know-how or other strategically sensitive economic information, made available subject to economic security safeguards including binding conditions imposed on the re-user designed to prevent any onward transfer or any misuse.

Tabled by
Virginie Joron
Group
PfE
Targets
Data Act Article 32v
Document
IMCO amendments 125–328 to the draft opinion
Source
Official text, page 151
Printed header
Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 v
Links
Link to this amendment
Cite this amendment

New points in paragraph 1Implementing acts listing high-value datasets2 amendments

844 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “where they contain personal data, protected against any misuse or transfer to a third country likely to harm the rights of the persons concerned, by…”

(da) In Article 32v, paragraph 1, the following point is inserted

da.where they contain personal data, protected against any misuse or transfer to a third country likely to harm the rights of the persons concerned, by means of anonymisation or, where anonymisation is not possible, of pseudonymisation carried out in accordance with state-of-the-art privacy-preserving and privacy-enhancing techniques;'

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 32v – paragraph 1 – point da (new)
Document
ITRE–LIBE amendments 777–1052 to the draft report
Source
Official text, page 42
Printed header
Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32v – paragraph 1 – point da (new)
Links
Link to this amendment
Cite this amendment
Preview in the full article
845 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “where they contain data that may be assimilated to trade secrets, know-how or other strategically sensitive economic information, made available in…”

(db) In Article 32v, paragraph 1, the following point is inserted

db.where they contain data that may be assimilated to trade secrets, know-how or other strategically sensitive economic information, made available in accordance with economic-security safeguards, including binding conditions on the re-user preventing onward transfer or misuse.'

Justification
High-value datasets are made available for re-use free of charge, in machine-readable format and, where relevant, as bulk downloads, precisely because of their significant socio-economic potential. That very openness heightens the risk that datasets containing personal data or strategically sensitive economic information be misused or transferred in a manner harmful to the persons concerned or to the economic security of the Union and its Member States. This amendment ensures that such datasets, where they contain personal data, are protected by anonymisation or by state-of-the-art pseudonymisation, and, where they contain data assimilable to trade secrets, know-how or strategically sensitive economic information, are made available subject to economic-security safeguards, including binding conditions preventing onward transfer or misuse. These guarantees accompany, rather than restrict, the availability of high-value datasets, and are confined to what is necessary and proportionate.

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 32v – paragraph 1 – point db (new)
Document
ITRE–LIBE amendments 777–1052 to the draft report
Source
Official text, pages 42–43
Printed header
Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32v – paragraph 1 – point db (new)
Links
Link to this amendment
Cite this amendment
Preview in the full article

Paragraph (2)(a)Criteria for identifying high-value datasets1 amendment

846 Alternative João OliveiraThe Left · ITRE–LIBE “aim of promoting the public interest”

(a) ~~generate significant socioeconomic or environmental benefits and innovative services;~~generate economic, social and environmental benefits, with the aim of promoting the public interest;

Tabled by
João Oliveira
Group
The Left
Targets
Data Act Article 32v(2)(a)
Document
ITRE–LIBE amendments 777–1052 to the draft report
Source
Official text, pages 43–44
Printed header
Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32v – paragraph 2 – point a
Links
Link to this amendment
Cite this amendment
Preview in the full article

Paragraph (2)(b)Criteria for identifying high-value datasets1 amendment

847 Alternative João OliveiraThe Left · ITRE–LIBE “benefit a high number of users, in particular SMEs;”

(b) benefit a high number of users, in particular SMEs ~~and SMCs~~;

Tabled by
João Oliveira
Group
The Left
Targets
Data Act Article 32v(2)(b)
Document
ITRE–LIBE amendments 777–1052 to the draft report
Source
Official text, page 44
Printed header
Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32v – paragraph 2 – point b
Links
Link to this amendment
Cite this amendment
Preview in the full article

Paragraph (2)(c)Criteria for identifying high-value datasets1 amendment

848 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording

~~(c) assist in generating revenues; and~~

Tabled by
João Oliveira
Group
The Left
Targets
Data Act Article 32v(2)(c)
Document
ITRE–LIBE amendments 777–1052 to the draft report
Source
Official text, page 44
Printed header
Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32v – paragraph 2 – point c
Links
Link to this amendment
Cite this amendment
Preview in the full article