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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 38

Text

Article 38 Data Act as printed in the Council text of 22 October 2026

Right to lodge a complaint

Title kept from the law in force; this text prints none.

Source Council, 22 October 2026. Article 38: ST 14756/26, page 122 · pp. 122–123 · exact text page

Article 38

Its wording is printed below, under Article 38(1), (2), (3), (4) and (5).

Article 38(1)

(1)

Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant, collectively:

Article 38(1)(a)

(a)

with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights under this Regulation have been infringed;

Article 38(1)(b)

(b)

any matter falling within the scope of this Regulation specifically against a recognised data intermediation services provider or a recognised data altruism organisation, with the relevant competent authority for the registration of data intermediation services or the relevant competent authority for the registration of data altruism organisations.

Article 38(2)

(2)

The data coordinator shall, upon request, provide all the necessary information to natural and legal persons for the lodging of their complaints with the appropriate competent authority.

Article 38(3)

(3)

The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of:

Article 38(3)(a)

(a)

the progress of the proceedings, of the decision taken; and

Article 38(3)(b)

(b)

the judicial remedies provided for in Article 39.

Article 38(4)

(4)

Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.

Article 38(5)

(5)

This Article shall not apply to Chapters VIIb and VIIc.

Article 38 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
38Text of the article Amends Changed Amends , changed since the proposal Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 2
1Paragraph 1 No change Unchanged No change Unchanged No change Unchanged No change Unchanged Amends , changed since 3 Sep Changed Amends Unchanged 2
2Paragraph 2 No change Unchanged No change Unchanged No change Unchanged No change Unchanged Amends , rewritten since 3 Sep Rewritten Amends Unchanged 1
3Paragraph 3 No change Unchanged No change Unchanged No change Unchanged No change Unchanged Amends , changed since 3 Sep Changed Amends Unchanged 7
4Paragraph 4 No change Unchanged No change Unchanged No change Unchanged No change Unchanged Amends , changed since 3 Sep Changed Amends Unchanged 0
5Paragraph 5 No change Unchanged No change Unchanged No change Unchanged No change Unchanged Amends , changed since 3 Sep Changed Amends Unchanged 0

Each text against the law in force: ~Amends amends the law in force=No change leaves the law in force as it is changed from the text before

Each text against the text before it: ~Changed wording changed~Rewritten under half the earlier wording survives=Unchanged same as the text before

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Amends the article. Article 38 in this text
  2. 5 Jun 2026 JURI draft opinion · Brando Benifei (rapporteur)JURI-PA-789142 1 amendment to this article.
  3. 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 38 in this text
  4. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 38 in this text
  5. 22 Jun 2026 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)CJ72-PR-786818 1 amendment to this article. Amendments in this document
  6. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 6 amendments to this article. Amendments in this document
  7. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 38 in this text
  8. 2 Oct 2026 Council textST 13886/26 Changed Changes paragraphs 1 and 3 to 5 and rewrites paragraph 2. Article 38 in this text
  9. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 38 in this text

Article 38: Text of the article

Changed by the Commission · changed by the Council on 10 June

Parliament amendments 2

1 would delete the provision and 1 proposes alternative wording.

  1. 61 Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the proposed article

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

    19. Article 38 is replaced by the following: (1) Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant, collectively: (a) with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights under this Regulation have been infringed; (b) any matter falling within the scope of this Regulation specifically against a recognised data intermediation services provider or a recognised data altruism organisation, with the relevant competent authority for the registration of data intermediation services or the relevant competent authority for the registration of data altruism organisations. (2) The data coordinator shall, upon request, provide all the necessary information to natural and legal persons for the lodging of their complaints with the appropriate competent authority. (3) The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of: (a) the progress of the proceedings, of the decision taken; and (b) the judicial remedies provided for in Article 39.’;

    Justification

    This amendment re-inserts Article 38(4) of the current Data Act in order to preserve stronger cooperation and information-exchange mechanisms between competent authorities when handling complaints. It improves legal certainty, supports coherent cross-border enforcement and reduces the risk of procedural fragmentation or future disputes.

    Rapporteur
    Brando Benifei
    Group
    Rapporteur
    Targets
    Data Act Article 38
    Document
    JURI draft opinion
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38
  2. 869 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “in a timely and meaningful manner”

    (3) The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, in a timely and meaningful manner, of:

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 38
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3

Paragraph 1

Changed by the Council on 2 October

Parliament amendments 2

1 would delete the wording and 1 proposes alternative wording.

  1. 61 Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the proposed article

    Text and details of Amendment 61 under the article

  2. 868 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their…”

    (a) with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights or obligations under this Regulation have been infringed;

    Justification

    Important to ensure users can bring complaints if a data holder infringe their obligations affecting them

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 38(1)(a)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 1 – point a

Paragraph 2

Rewritten by the Council on 2 October

Parliament amendments 1

1 would delete the wording.

  1. 61 Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the proposed article

    Text and details of Amendment 61 under the article

Paragraph 3

Changed by the Council on 2 October

Parliament amendments 7

1 would delete the wording, 2 propose alternative wording and 4 would add wording to paragraph 3.

By political group; co-sponsored amendments count for each group
TypeS&DGreens/EFARenewRapporteur
− Deletion···1
~ Alternative2···
+ Addition1111

By political group

  • − Deletion Rapporteur 1
  • ~ Alternative S&D 2
  • + Addition S&D 1 Greens/EFA 1 Renew 1 Rapporteur 1

Show

  1. 37 Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant…” numbered 3a

    (3a)Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 38(3)(a)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3 a (new)
  2. 61 Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the proposed article

    Text and details of Amendment 61 under the article

  3. 869 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “in a timely and meaningful manner”

    Text and details of Amendment 869 under the article

  4. 870 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “applicable under national and”

    (b) the administrative, judicial and non-judicial remedies applicable under national and provided for in Article 39.

    Justification

    This amendment aligns Article 28 with Article 39, which expressly provides that consumers have access to administrative, judicial and non-judicial remedies. To enable consumers to effectively exercise these rights, traders should be required to inform them of all available remedies under applicable national law. Providing complete information enhances transparency, legal certainty and the effective enforcement of consumer rights, while ensuring consistency within the Regulation.

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 38(3)(b)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3 – point b
  5. 871 Addition Damian BoeselagerGreens/EFA · ITRE–LIBE “Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant…” numbered 3a

    (3a) In Article 38, the following paragraph is added:

    Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394. The European Commission shall make available means to enhance such cooperation, in particular via relevant software solutions to register and track cases, especially with cross-border relevance.'

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 38(3)(a)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3a (new)
  6. 872 Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “Competent authorities shall cooperate early in the process to handle and resolve complaints effectively and in a timely manner, including by…” numbered 3a

    (3a) In Article 38, the following paragraph is added:

    Competent authorities shall cooperate early in the process to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.’

    Justification

    Requiring competent authorities to cooperate early in the process promotes the swift and effective handling of complaints, reduces procedural delays and facilitates the timely exchange of relevant information before issues become more complex. Early cooperation also helps avoid duplication of efforts, supports coherent enforcement across Member States and contributes to greater legal certainty for consumers and traders, while remaining without prejudice to the cooperation mechanisms established under Regulations (EU) 2016/679 and (EU) 2017/2394.

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 38(3)(a)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3a (new)
  7. 873 Addition Michael McNamara +5Renew · ITRE–LIBE “Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant…” numbered 3a

    (3a) In Article 38, the following paragraph is added:

    Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.'

    Tabled by
    Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Targets
    Data Act Article 38(3)(a)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3a (new)

Paragraph 4

Changed by the Council on 2 October

Paragraph 5

Changed by the Council on 2 October