Data Act· Article 32w
Text
Article 32w Data Act as printed in the Council text of 22 October 2026
Conditions for re-use of certain categories of protected data
Source Council, 22 October 2026. Article 32w: ST 14756/26, page 111 · Article 32w · pp. 111–113 · exact text page
Article 32w
Its wording is printed below, under Article 32w, heading, (1), (2), (3), (4), (4a) and (5).
Article 32w, heading
Conditions for re-use of certain categories of protected data
Article 32w(1)
Public sector bodies which are competent under national law to grant or refuse access for the re-use of certain categories of protected data shall make publicly available the conditions for allowing such re-use and the procedure to request the re-use via the single information point referred to in Article 32aa. Where they grant or refuse access for re-use, they may be assisted by the competent bodies referred to in Article 32z (1).
Member States shall ensure that public sector bodies are equipped with the necessary resources to comply with this Article and Article 32x.
Article 32w(2)
Re-use of certain categories of protected data shall not affect the protected nature of those data or documents and shall only be allowed:
Article 32w(2)(a)
in compliance with intellectual property rights.
Article 32w(2)(b)
if data that are considered confidential in accordance with Union or national law on commercial or statistical confidentiality, are not disclosed, as a result of allowing re-use, unless such re-use is allowed based on the data holder’s permission in accordance with paragraph 5.
Article 32w(2)(c)
in compliance with Regulation (EU) 2016/679.
Article 32w(3)
To ensure the preservation of the protected nature as referred to in paragraph 2, public sector bodies may establish the following requirements:
Article 32w(3)(a)
to grant access for the re-use of data only where the public sector body or the competent body, following the request for re-use, has ensured that those data have been:
Article 32w(3)(a)(i)
anonymised, in the case of personal data;
Article 32w(3)(a)(iii)
modified, aggregated or treated by any other method of disclosure control, in the case of commercially confidential information, including trade secrets or content protected by intellectual property rights;
Article 32w(3)(b)
to access and re-use the data remotely within a secure processing environment that is provided or controlled by the public sector body;
Article 32w(3)(c)
to access and re-use the data within the physical premises in which the secure processing environment is located in accordance with high security standards, provided that remote access cannot be allowed without jeopardising the rights and interests of third parties.
Article 32w(3) (continued)
In the case of re-use allowed in accordance with the first subparagraph, point (a)(i), the re-use of data or documents shall be subject to the rules on public sector open data set out in Section 2. This is without prejudice to Article 32y, which prevails in case of conflict.
In the case of re-use allowed in accordance with the first subparagraph, points (b) and (c), the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used.
Article 32w(4)
The public sector body shall reserve the right to verify the process, the means and any results of processing of certain categories of data undertaken by the re-user to preserve the integrity of the protection of the data. It shall also reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. The decision to prohibit the use of the results shall be comprehensible and transparent to the re-user.
Article 32w(4a)
Unless national law provides for specific safeguards on applicable confidentiality obligations relating to the re-use of certain categories of protected data, the public sector body shall make the re-use of data provided in accordance with paragraph 3 conditional on the adherence by the re-user to a confidentiality obligation that prohibits the disclosure of any information that jeopardises the rights and interests of third parties and that the re-user may have acquired despite the safeguards put in place. Re-users shall be prohibited from re-identifying any data subject and shall take technical and operational measures to prevent re-identification and to notify any data breach resulting in the re-identification of the data subjects concerned to the public sector body. In the event of the unauthorised re-use of non-personal data, the re-user shall be obliged, without delay, where appropriate with the assistance of the public sector body, to inform the natural or legal persons whose rights and interests may be affected.
Article 32w(5)
Where the re-use of data that are protected on the grounds of commercial or statistical confidentiality or of intellectual property rights of third parties cannot be allowed in accordance with paragraphs 3 and 4, re-use shall only be possible:
Article 32w(5)(b)
with the permission from the data holders whose rights and interests may be affected by such re-use.
Article 32w(5) (continued)
The public sector body shall make best efforts, in accordance with Union and national law, to provide assistance to potential re-users in seeking permission from the data holders whose rights and interests may be affected by such re-use, where this is feasible without a disproportionate burden on the public sector body.
Where it provides such assistance, the public sector body may be assisted by the competent bodies referred to in Article 32z.
How the provision changed
Each text against the law in forceEach text against the text before it
| What each text would do to the law in force | ||||||
|---|---|---|---|---|---|---|
| Element | Commission19 Nov 2025Art 32w | Council10 Jun 2026Art 32w | Council18 Jun 2026Art 32w | Council3 Sep 2026Art 32w | Council2 Oct 2026Art 32w | Council22 Oct 2026Art 32w |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Publication of re-use conditions and procedure | 32w(1) Adds Added | 32w(1) Adds Unchanged | 32w(1) Adds Unchanged | 32w(1) Adds, changed since 18 Jun Changed | 32w(1) Adds Unchanged | 32w(1) Adds Unchanged |
| Re-use without affecting the protected nature of data | 32w(2) Adds Added | 32w(2) Adds, changed since the proposal Changed | 32w(2) Adds Unchanged | 32w(2) Adds, changed since 18 Jun Changed | 32w(2) Adds, changed since 3 Sep Changed | 32w(2) Adds Unchanged |
| Requirements to preserve the protected nature | 32w(3) Adds Added | 32w(3) Adds, changed since the proposal Changed | 32w(3) Adds Unchanged | 32w(3) Adds, changed since 18 Jun Changed | 32w(3) Adds Unchanged | 32w(3) Adds Unchanged |
| Verification of re-users’ processing and results | 32w(4) Adds Added | 32w(4) Adds Unchanged | 32w(4) Adds Unchanged | 32w(4)–(4a) Adds, changed since 18 Jun Changed September divides the paragraph into 4 and 4a; paragraph 4a adds a sentence prohibiting re-users from re-identifying data subjects. | 32w(4)–(4a) Adds Unchanged | 32w(4)–(4a) Adds Unchanged |
| Re-use with permission or consent | 32w(5) Adds Added | 32w(5) Adds, changed since the proposal Changed | 32w(5) Adds Unchanged | 32w(5) Adds, changed since 18 Jun Changed | 32w(5) Adds Unchanged | 32w(5) Adds Unchanged |
Each text against the law in force: +Adds adds a provision the law in force lacks 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
Parliament amendments
7 amendments to this article
7 would delete the wording.
| Type | The Left | Renew | EPP | Rapporteur |
|---|---|---|---|---|
| − Deletion | 2 | 1 | 2 | 2 |
By political group
- − Deletion The Left 2 Renew 1 EPP 2 Rapporteur 2
Paragraph (3)(a)(ii)Requirements to preserve the protected nature4 amendments
32 −Deletion Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE Deletes the Commission’s wording
(ii) subject to other forms of preparation of personal data;- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 32w(3)(a)(ii)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 28
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32w – paragraph 3 – point a – point (ii)
316 −Deletion Sophia KircherEPP · IMCO Deletes the Commission’s wording
(ii) subject to other forms of preparation of personal data;- Tabled by
- Sophia Kircher
- Group
- EPP
- Targets
- Data Act Article 32w(3)(a)(ii)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32w – paragraph 3 ii
849 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording
(ii) subject to other forms of preparation of personal data;- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 32w(3)(a)(ii)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32w – paragraph 3 – point a – point ii
850 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(ii) subject to other forms of preparation of personal data;- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 32w(3)(a)(ii)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 45
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32w – paragraph 3 – point a – point ii
Paragraph (5)(a)Re-use with permission or consent3 amendments
33 −Deletion Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE Deletes the Commission’s wording
(a) where there is no legal basis other than consent for transmitting the data under Regulation (EU) 2016/679, with the consent of the data subjects;- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 32w(5)(a)
- Document
- ITRE–LIBE draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32w – paragraph 5 – subparagraph 1– point (a)
317 −Deletion Sophia KircherEPP · IMCO Deletes the Commission’s wording
(a) where there is no legal basis other than consent for transmitting the data under Regulation (EU) 2016/679, with the consent of the data subjects;- Tabled by
- Sophia Kircher
- Group
- EPP
- Targets
- Data Act Article 32w(5)(a)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 152
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32w – paragraph 5 a
851 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording
(a) where there is no legal basis other than consent for transmitting the data under Regulation (EU) 2016/679, with the consent of the data subjects;- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 32w(5)(a)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 45
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32w – paragraph 5 – point a