Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 38a

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

Article total: 1 part · 0 Council drafts · 1 Parliament amendment

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European Commission proposal

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Institutional text

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European Parliament amendments

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Additional proposed wording Amendment 874 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba 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 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:

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.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 19 a (new) / Regulation (EU) 2023/2854 / Article 38a (new)