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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 40

Text

Article 40 Data Act as printed in the Council text of 22 October 2026

Penalties

Source Council, 22 October 2026. Article 40: ST 14756/26, page 123 · exact text page

Scope This text prints Article 40(4), Article 40(5) only.

Article 40(4)

(4)

This Article shall not apply to Chapter VIIb and VIIc.

Article 40(5)

The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.

The amending passage as printed

(b) paragraph 5 is deleted.

Article 40 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
5Paragraph 5 No change Unchanged Deletes , deleted since the proposal Deleted Deletes Unchanged Deletes Unchanged Deletes Unchanged Deletes Unchanged 0
6Paragraph 6 Adds Added Adds , changed since the proposal Changed printed (4) Adds , changed since 10 Jun Changed printed (4) Adds Unchanged Adds Unchanged printed (4) Adds Unchanged printed (4) 7
Provisions only Parliament would add or change1 unit 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 2

Each text against the law in force: +Adds adds a provision the law in force lacks−Deletes deletes a provision of the law in force=No change leaves the law in force as it is— 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−Deleted deletes a provision of the law in force=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Adds paragraph 6. Article 40 in this text
  2. 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 1 amendment to this article. Amendments in this document
  3. 10 Jun 2026 Council textST 10426/26 Changed Changes paragraph 6 and deletes paragraph 5. Article 40 in this text
  4. 18 Jun 2026 Council textST 10677/26 Changed Changes paragraph 6. Article 40 in this text
  5. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 1 amendment to this article. Amendments in this document
  6. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 1 amendment to this article. Amendments in this document
  7. 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 2 amendments to this article. Amendments in this document
  8. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 4 amendments to this article. Amendments in this document
  9. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 40 in this text
  10. 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 40 in this text
  11. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 40 in this text

Paragraph 5

Deleted by the Council on 10 June

Paragraph 6

Added by the Commission · changed by the Council on 10 June · changed on 18 June

Parliament amendments 7

6 would delete the wording and 1 proposes alternative wording. Deletion amendments come from S&D, Greens/EFA, ECR and PfE, and from the IMCO rapporteur’s draft opinion.

By political group; co-sponsored amendments count for each group
TypeS&DGreens/EFAECRPfERapporteur
− Deletion12121
~ Alternative···1·

By political group

  • − Deletion S&D 1 Greens/EFA 2 ECR 1 PfE 2 Rapporteur 1
  • ~ Alternative PfE 1

Show

  1. 86 Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the Commission’s wording

    20. in Article 40, paragraph (6) is inserted: 6. This Article shall not apply to Chapter VIIc.’

    Justification

    This is a issue of enforceability, if Chapter VIIc contains safeguards but is carved out from sanctions, the safeguards become weaker in practice. The merger of different legal acts in the Data Act must not weaken enforceability or lead to weaker rights and obligations.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 40(6)
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40 – paragraph 6
  2. 229 Deletion David CormandGreens/EFA · JURI Deletes the Commission’s wording

    6. This Article shall not apply to Chapter VIIc.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 40(6)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40
  3. 328 Deletion Virginie JoronPfE · IMCO Deletes the Commission’s wording

    20. in Article 40, paragraph (6) is inserted: 6. This Article shall not apply to Chapter VIIc.’

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 40(6)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40 – paragraph 6
  4. 329 Deletion David CormandGreens/EFA · IMCO Deletes the Commission’s wording

    20. in Article 40, paragraph (6) is inserted: 6. This Article shall not apply to Chapter VIIc.’

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 40(6)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40
  5. 330 Alternative Virginie JoronPfE · IMCO “Infringements of the obligations laid down in Chapter VIIc shall result in effective, proportionate and dissuasive administrative sanctions. Member…”

    20. In Article 40, paragraph (6) is inserted:

    Infringements of the obligations laid down in Chapter VIIc shall result in effective, proportionate and dissuasive administrative sanctions. Member States shall appoint competent authorities to impose such sanctions and, in particular, ensure that these authorities can impose sanctions in connection with unlawful transfers of data to third countries, the reidentification of pseudonymised or anonymised data, and any improper use of data re-used under this Chapter. The criteria laid down in paragraph 3 shall apply.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 40(6)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 20 – introductory part / Regulation (EU) 2023/2854 / Article 40 – paragraph 6
  6. 875 Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the Commission’s wording

    20. in Article 40, paragraph (6) is inserted: 6. This Article shall not apply to Chapter VIIc.’

    Justification

    This is a direct enforceability point. If Chapter VIIc contains safeguards but is carved out from sanctions, the safeguards become weaker in practice. We stressed that the merger must not weaken enforceability or create fragile rights and obligations.

    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 40(6)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40 – paragraph 6
  7. 876 Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording

    6. This Article shall not apply to Chapter VIIc.

    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 40(6)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40 – paragraph 6

Provisions only Parliament amendments would add or change

2 amendments on 1 unit the Commission proposal leaves unchanged

Paragraph 6a (new)New2 proposals

  1. 877 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “The infringements of the obligations laid down in Chapter VIIc shall be subject to effective, proportionate and dissuasive administrative penalties.…” numbered 6a

    6a.The infringements of the obligations laid down in Chapter VIIc shall be subject to effective, proportionate and dissuasive administrative penalties. Member States shall designate the authorities competent to impose such penalties and shall ensure that they may, in particular, sanction the unlawful transfer of data to third countries, the re-identification of pseudonymised or anonymised data, and any misuse of data re-used under that Chapter. The criteria set out in paragraph 3 shall apply.

    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 40 – paragraph 6a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40 – paragraph 6a (new)
  2. 878 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “For infringements of the obligations laid down in Chapter VIIc, the competent authorities responsible for monitoring the application of that Chapter…”

    6b. In Article 40, the following paragraph 6a is inserted:

    For infringements of the obligations laid down in Chapter VIIc, the competent authorities responsible for monitoring the application of that Chapter may, within their scope of competence, impose administrative fines in accordance with national law. The rules on penalties referred to in paragraph 1 shall apply, in particular, to:

    (a)the re-use of data or documents in breach of lawfully imposed conditions or for purposes other than those authorised;

    (b)the unlawful transfer or onward transfer of data or documents to a third country, or failure to comply with the related information, notification, transparency or safeguard requirements;

    (c)failure to comply with obligations protecting intellectual property rights, trade secrets, statistical or commercial confidentiality or other protected data;

    (d)the conclusion, maintenance or performance of an exclusivity arrangement prohibited by, or incompatible with, Chapter VIIc;

    (e)the intentional or negligent provision of materially inaccurate, incomplete or misleading information in order to obtain a right of re-use;

    (f)failure to delete or return data or documents, or to cease their use or re-use, where the applicable conditions are no longer met.

    In addition to administrative fines, the competent authorities may, in accordance with national law and where necessary and proportionate, suspend or withdraw the right of re-use, temporarily prohibit new requests for re-use, or order the cessation, deletion or return of the data or documents concerned. When determining the type and level of penalties or other measures, the competent authorities shall take into account the criteria set out in paragraph 3 and, where relevant, the intentional or negligent character of the infringement, any transfer to a third country, the sensitive or strategic nature of the data or documents concerned, and any adverse impact on public or economic security, critical infrastructure, essential services or the essential interests of a Member State.

    7.When applying paragraph 6 to microenterprises and small and medium-sized enterprises, the competent authorities shall take into account their size, economic capacity and any corrective measures taken without undue delay. This shall not preclude effective, proportionate and dissuasive penalties for intentional, repeated or serious infringements.'

    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 40 – paragraph 6a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 20 / Regulation (EU) 2023/2854 / Article 40 – paragraph 6a (new)