Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 32z

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 2 parts · 3 Council drafts · 1 Parliament amendment

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Institutional text

European Commission proposal

All Commission’s changes to Data Act

The 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 32z

Competent bodies

  1. 1.

    For the purpose of carrying out the tasks referred to in this Article, each Member State shall designate one or more competent bodies in accordance with Article 37(1), which may be competent for particular sectors, but that collectively need to cover all sectors, to assist the public sector bodies which grant or refuse access for the re-use of certain categories of protected data. Member States may either establish one or more new competent bodies or rely on existing public sector bodies or on internal services of public sector bodies that fulfil the conditions laid down in this Section.

  2. 2.

    The competent bodies may be empowered to grant access for the re-use of certain categories of protected data pursuant to Union or national law which provides for such access to be granted. Where they grant or refuse access for re-use, those competent bodies shall be subject to Articles 32k, 32w, 32x, 32y and 32ab.

  3. 3.

    The competent bodies shall have adequate legal, financial, technical and human resources to carry out the tasks assigned to them, including the necessary technical knowledge to be able to comply with relevant Union or national law concerning the access regimes for the categories of protected data referred to in in Article 2(54).

  4. 4.

    The assistance referred to in paragraph 1 shall include, where necessary:

    1. (a)

      providing technical support by making available a secure processing environment for providing access for the re-use of data or documents;

    2. (b)

      providing guidance and technical support on how to best structure and store data to make that those data or documents easily accessible;

    3. (c)

      providing technical support for anonymization, pseudonymisation and state-of- the-art privacy-preserving methods. not limited to personal data, but also to commercially confidential information, including trade secrets or content protected by intellectual property rights;

    4. (d)

      assisting the public sector bodies, where relevant, to provide support to re-users in requesting consent for re-use from data subjects or permission from data holders in line with their specific decisions, including on the jurisdiction in which the data processing is intended to take place and assisting the public sector bodies in establishing technical mechanisms that allow the transmission of requests for consent or permission from re-users, where practically feasible;

    5. (e)

      providing public sector bodies with assistance in assessing the adequacy of contractual commitments made by a re-user pursuant to Article 32x(2).

Commission source wording and instructions

Article 32z

Commission proposal

Article 32z Competent bodies (1) For the purpose of carrying out the tasks referred to in this Article, each Member State shall designate one or more competent bodies in accordance with Article 37(1), which may be competent for particular sectors, but that collectively need to cover all sectors, to assist the public sector bodies which grant or refuse access for the re-use of certain categories of protected data. Member States may either establish one or more new competent bodies or rely on existing public sector bodies or on internal services of public sector bodies that fulfil the conditions laid down in this Section. (2) The competent bodies may be empowered to grant access for the re-use of certain categories of protected data pursuant to Union or national law which provides for such access to be granted. Where they grant or refuse access for re-use, those competent bodies shall be subject to Articles 32k, 32w, 32x, 32y and 32ab. (3) The competent bodies shall have adequate legal, financial, technical and human resources to carry out the tasks assigned to them, including the necessary technical knowledge to be able to comply with relevant Union or national law concerning the access regimes for the categories of protected data referred to in in Article 2(54). (4) The assistance referred to in paragraph 1 shall include, where necessary: (a) providing technical support by making available a secure processing environment for providing access for the re-use of data or documents; (b) providing guidance and technical support on how to best structure and store data to make that those data or documents easily accessible; (c) providing technical support for anonymization, pseudonymisation and state-of-the-art privacy-preserving methods. not limited to personal data, but also to commercially confidential information, including trade secrets or content protected by intellectual property rights; (d) assisting the public sector bodies, where relevant, to provide support to re-users in requesting consent for re-use from data subjects or permission from data holders in line with their specific decisions, including on the jurisdiction in which the data processing is intended to take place and assisting the public sector bodies in establishing technical mechanisms that allow the transmission of requests for consent or permission from re-users, where practically feasible; (e) providing public sector bodies with assistance in assessing the adequacy of contractual commitments made by a re-user pursuant to Article 32x(2).

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 32z

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32z Competent bodies

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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Additional proposed wording Amendment 864 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

(ea) In Article 32z, paragraph 4, the following point is added

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32z – paragraph 4 – point ea (new)