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Texts to 22 Oct 2026

Data Act· Article 32x

Text

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

Requirements for transfers of non-personal protected data to third countries by re-users

Source Council, 22 October 2026. Article 32x: ST 14756/26, page 114 · Article 32x · pp. 114–116 · exact text page

Article 32x

Its wording is printed below, under Article 32x, heading, (1), (2), (3), (4), (5), (6) and (7).

Article 32x, heading

Requirements for transfers of non-personal protected data to third countries by re-users

Article 32x(1)

(1)

Where a re-user intends to transfer certain categories of protected data that are non-personal to a third country, it shall inform the public sector body of its intention to transfer such data and the purpose of such transfer at the time of requesting the re-use. In the case of re-use based on the data holder’s permission the re-user shall, where appropriate with the assistance of the public sector body, inform the natural or legal person whose rights and interests may be affected of that intention, purpose and the appropriate safeguards. The public sector body shall not allow the re-use unless the natural or legal person gives permission for the transfer.

Article 32x(2)

(2)

Public sector bodies shall transmit non-personal confidential data or data protected by intellectual property rights to a re-user which intends to transfer those data to a third country other than a country designated in accordance with paragraph 5 only if the re-user contractually commits to:

Article 32x(2)(a)

(a)

complying with the obligations imposed in accordance with intellectual property rights and Union or national law on commercial or statistical confidentiality even after the data is transferred to the third country;

Article 32x(2)(b)

(b)

accepting the jurisdiction of the courts or tribunals of the Member State of the transmitting public sector body with regard to any dispute related to compliance with intellectual property rights and Union or national law on commercial or statistical confidentiality.

Article 32x(3)

(3)

The Commission may adopt implementing acts establishing model contractual clauses for complying with the obligations referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).

Article 32x(4)

(4)

Public sector bodies shall, where relevant and to the extent of their capabilities, provide guidance and assistance to re-users in complying with the obligations referred to in paragraph 2.

Article 32x(5)

(5)

Where justified because of the substantial number of requests across the Union concerning the re-use of non- personal data in specific third countries, the Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country:

Article 32x(5)(a)

(a)

ensure protection of intellectual property and trade secrets in a way that is essentially equivalent to the protection ensured under Union law;

Article 32x(5)(b)

(b)

are being effectively applied and enforced; and

Article 32x(5)(c)

(c)

provide effective judicial redress.

Article 32x(6)

(6)

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

Article 32x(7)

(7)

Specific Union legislative acts may deem certain non-personal data categories held by public sector bodies to be highly sensitive for the purposes of this Article where their transfer to third countries may put at risk Union public policy objectives, such as safety and public health or may lead to the risk of re-identification of non-personal, anonymised data. Where such an act is adopted, the Commission shall adopt delegated acts in accordance with Article 45 supplementing this Regulation by laying down special conditions applicable to the transfers of such data to third countries.

Those special conditions shall be based on the nature of the non-personal data categories identified in the specific Union legislative act and on the grounds for deeming those categories to be highly sensitive, taking into account the risks of re-identification of non-personal, anonymised data. They shall be non-discriminatory and limited to what is necessary to achieve the Union public policy objectives identified in that act, in accordance with the Union’s international obligations.

If required by a specific Union legislative act referred to in the first subparagraph, such special conditions may include terms applicable for the transfer or technical arrangements in this regard, limitations with regard to the re-use of data in third countries or categories of persons entitled to transfer such data to third countries or, in exceptional cases, restrictions with regard to transfers to third countries.

The re-user to whom the right to re-use non-personal data was granted may transfer the data only to those third countries for which the requirements set out in paragraphs 2, 5 and 7 are met.

Article 32x 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
32xText 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 5
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 2
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 0
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 2
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 2
5Paragraph 5 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
6Paragraph 6 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
7Paragraph 7 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 change3 units 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 3

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 32x in this text
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 32x in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32x in this text
  4. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 6 amendments to this article. Amendments in this document
  5. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 9 amendments to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 32x in this text
  7. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 to 7 and changes the article. Article 32x in this text
  8. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32x in this text

Article 32x: Text of the article

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

Parliament amendments 5

4 propose alternative wording and 1 would add wording.

By political group; co-sponsored amendments count for each group
TypeECRPfE
~ Alternative24
+ Addition·1

By political group

  • ~ Alternative ECR 2 PfE 4
  • + Addition PfE 1

Show

  1. 321 Alternative Virginie JoronPfE · IMCO “assisted by the European Data Innovation Board and the European Data Protection Board”

    (5) Where justified because of the substantial number of requests across the Union concerning the re-use of non-personal data in specific third countries, the Commission, assisted by the European Data Innovation Board and the European Data Protection Board, may adopt implementingguidelines actsevaluating declaring thatwhether the legal, supervisory and enforcement arrangements of a third country:

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32x
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 x
  2. 322 Addition Virginie JoronPfE · IMCO “Those guidelines shall be without prejudice to the national economic security frameworks of the Member States, which may restrict or prohibit the…” numbered 5a

    5a.Those guidelines shall be without prejudice to the national economic security frameworks of the Member States, which may restrict or prohibit the transfer of data to a third country irrespective of those guidelines.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32x
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 x
  3. 323 Alternative Virginie JoronPfE · IMCO “Those conditions shall not have a detrimental effect on the national economic security frameworks of the Member States.”

    Specific Union legislative acts may deem certain non-personal data categories held by public sector bodies to be highly sensitive for the purposes of this Article where their transfer to third countries may put at risk Union public policy objectives, such as safety and public health or may lead to the risk of re-identification of non-personal,natural persons to whom pseudonymised or anonymised non-personal data relate. Where such an act is adopted, the Commission shall, adopt delegated acts in accordance with Article 45 supplementing this Regulationassisted by layingthe downEuropean Data Innovation Board and the European Data Protection Board, may publish guidelines on the special conditions applicable to the transfers of such data to third countries. Those conditions shall not have a detrimental effect on the national economic security frameworks of the Member States.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32x
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 x
  4. 858 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “assisted by the European Data Innovation Board and the European Data Protection Board”

    (5) Where justified because of the substantial number of requests across the Union concerning the re-use of non-personal data in specific third countries, the Commission, assisted by the European Data Innovation Board and the European Data Protection Board, may adoptissue implementingguidelines actsassessing declaring thatwhether the legal, supervisory and enforcement arrangements of a third country:

    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 32x
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 5
  5. 860 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Such conditions shall be without prejudice to the national economic-security frameworks of the Member States.”

    Specific Union legislative acts may deem certain non-personal data categories held by public sector bodies to be highly sensitive for the purposes of this Article where their transfer to third countries may put at risk Union public policy objectives, such as safety and public health or may lead to the risk of re-identification of non-personal,the natural persons from whom pseudonymised or anonymised data originate. Where such an act is adopted, the Commission shall adopt delegated acts in accordance with Article 45 supplementing this Regulationassisted by layingthe downEuropean specialData Innovation Board and the European Data Protection Board, may issue guidelines on the conditions applicable to the transfers of such data to third countries. Such conditions shall be without prejudice to the national economic-security frameworks of the Member States.

    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 32x
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 7 – subparagraph 1

Paragraph 1

Added by the Council on 2 October

Parliament amendments 2

2 propose alternative wording.

  1. 318 Alternative Virginie JoronPfE · IMCO “and in any event prior to the conclusion of any contractual data transfer agreement”

    (1) Where a re-user intends to transfer certain categories of protected data that are non-personal to a third country, it shall inform the public sector body of its intention to transfer such data and the purpose of such transfer at the time of requesting the re-use of the data and, in any event, prior to the conclusion of any data sharing agreement. In the case of re-use based on the data holder’s permission the re-user shall, where appropriate with the assistance of the public sector body, and in any event prior to the conclusion of any contractual data transfer agreement, inform the natural or legal person whose rights and interests may be affected of that intention, purpose and the appropriate safeguards. The public sector body shall not allow the re-use unless the natural or legal person gives permission for the transfer.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32x(1)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 x
  2. 852 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “and in any event prior to the conclusion of any contractual transfer agreement”

    (1) Where a re-user intends to transfer certain categories of protected data that are non-personal to a third country, it shall inform the public sector body of its intention to transfer such data and the purpose of such transfer at the time of requesting the re-use of the data and, in any event, prior to the conclusion of any sharing agreement. In the case of re-use based on the data holder’s permission the re-user shall, where appropriate with the assistance of the public sector body, and in any event prior to the conclusion of any contractual transfer agreement, inform the natural or legal person whose rights and interests may be affected of that intention, purpose and the appropriate safeguards. The public sector body shall not allow the re-use unless the natural or legal person gives permission for the transfer.

    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 32x(1)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 1

Paragraph 2

Added by the Council on 2 October

Paragraph 3

Added by the Council on 2 October

Parliament amendments 2

2 propose alternative wording.

  1. 319 Alternative Virginie JoronPfE · IMCO “model contractual clauses shall ensure the protection of trade secrets, protection against the unauthorised transfer of knowledge, and the protection…”

    (3) The Commission may adopt implementing acts establishing model contractual clauses for complying with the obligations referred to in paragraph 2 of this Article. Those model contractual clauses shall ensure the protection of trade secrets, protection against the unauthorised transfer of knowledge, and the protection of the economic security of the Union and its Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32x(3)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 x
  2. 856 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “model contractual clauses shall ensure the protection of trade secrets, the protection against the unauthorised transfer of knowledge, and the…”

    (3) The Commission may adopt implementing acts establishing model contractual clauses for complying with the obligations referred to in paragraph 2 of this Article. Those model contractual clauses shall ensure the protection of trade secrets, the protection against the unauthorised transfer of knowledge, and the protection of the economic security of the Union and of its Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).

    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 32x(3)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 3

Paragraph 4

Added by the Council on 2 October

Parliament amendments 2

2 propose alternative wording.

  1. 320 Alternative Virginie JoronPfE · IMCO “including by raising awareness among the parties concerned of the risks arising from the extraterritorial application of third-country legislation…”

    (4) Public sector bodies shall, where relevant and to the extent of their capabilities, provide guidance and assistance to re-users in complying with the obligations referred to in paragraph 2, including by raising awareness among the parties concerned of the risks arising from the extraterritorial application of third-country legislation, the unauthorised transfer of knowledge, and the misuse or re-identification of data.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32x(4)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 x
  2. 857 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “in particular by raising the awareness of the parties concerned of the risks arising from the extraterritorial reach of third-country laws, from the…”

    (4) Public sector bodies shall, where relevant and to the extent of their capabilities, provide guidance and assistance to re-users in complying with the obligations referred to in paragraph 2, in particular by raising the awareness of the parties concerned of the risks arising from the extraterritorial reach of third-country laws, from the unauthorised transfer of knowledge, and from the misuse or re-identification of the data.

    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 32x(4)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 4

Paragraph 5

Added by the Council on 2 October

Parliament amendments 3

2 propose alternative wording and 1 would add wording to paragraph 5.

  1. 321 Alternative Virginie JoronPfE · IMCO “assisted by the European Data Innovation Board and the European Data Protection Board”

    Text and details of Amendment 321 under the article

  2. 858 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “assisted by the European Data Innovation Board and the European Data Protection Board”

    Text and details of Amendment 858 under the article

  3. 859 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Such guidelines shall be without prejudice to the national economic-security frameworks of the Member States, which may restrict or prohibit the…” numbered 5a

    (5a) In Article 32x, the following subparagraph is inserted:

    Such guidelines shall be without prejudice to the national economic-security frameworks of the Member States, which may restrict or prohibit the transfer of data to a third country irrespective of those guidelines.

    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 32x(5)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 5 – subparagraph (new)

Paragraph 6

Added by the Council on 2 October

Paragraph 7

Added by the Council on 2 October

Parliament amendments 1

1 proposes alternative wording.

  1. 860 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Such conditions shall be without prejudice to the national economic-security frameworks of the Member States.”

    Text and details of Amendment 860 under the article

Provisions only Parliament amendments would add or change

3 amendments on 3 units the Commission proposal leaves unchanged

Paragraph 1a (new)New

  1. 853 Addition Mary KhanESN · ITRE–LIBE “The transfer to a third country of certain categories of protected data that are non-personal shall be subject to prior authorisation by the national…” numbered 1a

    (1a) In Article 32x, the following paragraph is inserted:

    (1a)The transfer to a third country of certain categories of protected data that are non-personal shall be subject to prior authorisation by the national competent authority. Authorisation shall only be granted where there is equivalent legal and effective protection in the third country and where access by foreign authorities outside an applicable international agreement is effectively precluded.’

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    Data Act Article 32x – paragraph 1 a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 1 a (new)

Paragraph 1b (new)New

  1. 854 Addition Mary KhanESN · ITRE–LIBE “The re-user shall contractually and technically ensure that no onward transfer takes place, that the data is processed only in the authorised secure…” numbered 1b

    (1b) In Article 32x, the following paragraph is inserted:

    (1b)The re-user shall contractually and technically ensure that no onward transfer takes place, that the data is processed only in the authorised secure processing environment and that the public sector body can exercise audit, suspension and recall rights at any time.’

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    Data Act Article 32x – paragraph 1 b (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32x – paragraph 1 b (new)

Paragraph 1c (new)New

  1. 855 Addition Mary KhanESN · ITRE–LIBE “If the conditions laid down in paragraphs 1a and 1b cannot be ascertained, the transmission shall be prohibited. A mere contractual commitment by the…” numbered 1c

    (1c) In Article 32x, the following paragraph is added:

    (1c)If the conditions laid down in paragraphs 1a and 1b cannot be ascertained, the transmission shall be prohibited. A mere contractual commitment by the re-user shall not suffice.’

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    Data Act Article 32x – paragraph 1 c (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32x – paragraph 1 c (new)