EUTechRegResearch
MenuClose menu
Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 38a

Only Parliament amendments would change this article. Parliament committees have tabled 1 amendment to this article.

Latest text22 October 2026ST 14756/26

Contains no amendment to this article.

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
  2. 10 Jun 2026 Council textST 10426/26 No amendment to this article.
  3. 18 Jun 2026 Council textST 10677/26 No amendment to this article.
  4. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 1 amendment to this article. Amendments in this document
  5. 3 Sep 2026 Council textST 12535/26 No amendment to this article.
  6. 2 Oct 2026 Council textST 13886/26 No amendment to this article.
  7. 22 Oct 2026 Council textST 14756/26 No amendment to this article.

Parliament amendments

1 amendment to this article

1 would add wording.

By political group; co-sponsored amendments count for each group
TypeS&D
+ Addition1

By political group

  • + Addition S&D 1
  1. 874 Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “'Article 38a Representation Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, users shall have…”

    19a.After Article 38, the following Article is inserted:

    'Article 38a

    Representation

    Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, users shall have the right to mandate a body, organisation or association to exercise the rights conferred by this Regulation on their behalf, provided the body, organisation or association meets all of the following conditions:

    (a)It operates on a not-for-profit basis;

    (b)It has been properly constituted in accordance with the law of a Member State;

    (c)Its statutory objectives include a legitimate interest in ensuring that this Regulation is complied with.

    Justification

    This amendment is inspired by Article 86 of the Digital Services Act and aims to encourage the effective exercise of rights by users, as evidence shows that available redress mechanisms are often underused. Introducing an incentive to make these mechanisms more accessible and visible is expected to increase their practical effectiveness. The amendment benefits both consumers and businesses, including SMEs, by facilitating the early resolution of disputes, reducing unnecessary litigation and fostering greater trust and legal certainty in the internal market.

    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 38a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 19 a (new) / Regulation (EU) 2023/2854 / Article 38a (new)