Data Act· Article 41a
Text
Article 41a Data Act as printed in the Council text of 22 October 2026
European Data Innovation Board
Source Council, 22 October 2026. Article 41a: ST 14756/26, page 124 · exact text page
The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of strategic discussion for the development of a European data economy and data policies.
It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa of this Regulation and representatives' of Member States' authorities overseeing or competent bodies supporting the implementation of Chapter VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. If a Member State has designated more than one competent authority or competent body, they are represented in the plenary meetings of the Board by the designated data coordinator. Other competent authorities or competent bodies entrusted with specific operational responsibilities for the application and enforcement of this Regulation may participate in the thematic subgroups of the Board relevant for their responsibilities. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group.
The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks.
The Commission shall chair the meetings of the European Data Innovation Board.
How the article has changed
| What each text would do to the law in force | |||||||
|---|---|---|---|---|---|---|---|
| Article | Commission19 Nov 2025 | Council10 Jun 2026 | Council18 Jun 2026 | Council3 Sep 2026 | Council2 Oct 2026 | Council22 Oct 2026 | Parliamentamendments |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text | |
| 41aText of the article | Adds Added | Adds , changed since the proposal Changed | Adds , changed since 10 Jun Changed | Adds , changed since 18 Jun Changed | Adds Unchanged | Adds Unchanged | 18 |
| 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 | 1 |
Each text against the law in force: +Adds adds a provision the law in force lacks— 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=Unchanged same as the text before— in neither text
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 41a in this text
- 5 Jun 2026 JURI draft opinion · Brando Benifei (rapporteur)JURI-PA-789142 1 amendment to this article. Amendments in this document
- 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 3 amendments to this article. Amendments in this document
- 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 41a in this text
- 18 Jun 2026 Council textST 10677/26 Changed Changes the article. Article 41a in this text
- 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
- 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 1 amendment to this article. Amendments in this document
- 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 3 amendments to this article. Amendments in this document
- 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 10 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 41a in this text
- 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 41a in this text
- 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 41a in this text
Article 41a: Text of the article
Added by the Commission · changed by the Council on 10 June · changed on 18 June · changed on 3 September
Parliament amendments 18
2 would delete the provision and 16 propose alternative wording. Deletion amendments come from Greens/EFA.
| Type | S&D | Greens/EFA | EPP | ECR | PfE | ESN | Rapporteur |
|---|---|---|---|---|---|---|---|
| − Deletion | · | 2 | · | · | · | · | · |
| ~ Alternative | 2 | 3 | 1 | 1 | 2 | 3 | 5 |
By political group
- − Deletion Greens/EFA 2
- ~ Alternative S&D 2 Greens/EFA 3 EPP 1 ECR 1 PfE 2 ESN 3 Rapporteur 5
Show
38 ~Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “The European Data Innovation Board (EDIB) shall include structured participation from all relevant stakeholders, and such participation shall ensure…”
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group The European Data Innovation Board (EDIB) shall include structured participation from all relevant stakeholders, and such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 41a
- Document
- ITRE–LIBE draft report
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2
62 ~Alternative Brando Benifei (rapporteur)Rapporteur · JURI “If a Member State has designated more than one competent authority or competent body, they shall be represented in the plenary meetings of the Board…”
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. If a Member State has designated more than one competent authority or competent body, they shall be represented in the plenary meetings of the Board by the designated data coordinator. Other competent authorities or competent bodies entrusted with specific operational responsibilities for the application and enforcement of this Regulation may participate in the thematic subgroups of the Board relevant for their responsibilities. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group.
Justification
This amendment clarifies the representation and participation structure within the European Data Innovation Board, helping ensure more effective coordination between competent authorities and better involvement of bodies with specific operational responsibilities in relevant thematic discussions.
- Rapporteur
- Brando Benifei
- Group
- Rapporteur
- Targets
- Data Act Article 41a
- Document
- JURI draft opinion
- Source
- Official text, page 50
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2
87 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “while respecting the competences and tasks of the European Data Protection Board and supervisory authorities under Regulation (EU) 2016/679”
(1) The European Data Innovation Board is established as a means to advising and assisting the Commission in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies, while respecting the competences and tasks of the European Data Protection Board and supervisory authorities under Regulation (EU) 2016/679.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 41a
- Document
- IMCO draft opinion
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 1
88 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “The European Data Innovation Board shall include structured participation from civil society organisations, consumer organisations, academia…”
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from civil society organisations, consumer organisations, academia, independent technical experts, and representatives of SMEs. Such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 41a
- Document
- IMCO draft opinion
- Source
- Official text, page 69
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2
89 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “upon consultation of the Board”
(3) The Commission, upon consultation of the Board, shall decide on the composition of the different configurations in which the Board will fulfil its tasks.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 41a
- Document
- IMCO draft opinion
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 3
230 ~Alternative David CormandGreens/EFA · JURI “The European Data Innovation Board shall include structured participation from civil society organisations, consumer organisations, academia…”
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from civil society organisations, consumer organisations, academia, independent technical experts, and representatives of SMEs and micro-enterprises. Such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 41a
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41 a
331 ~Alternative Virginie JoronPfE · IMCO “and the European Data Protection Board”
(1) The European Data Innovation Board is established as a means to advising and assisting the Commission and the European Data Protection Board in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 41a
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 4
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / ‘Article 41a
332 ~Alternative David CormandGreens/EFA · IMCO “The European Data Innovation Board shall include structured participation from civil society, independent experts, and representatives of SMEs. Such…”
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from civil society, independent experts, and representatives of SMEs. Such participation shall be balanced and not affect the independence of competent authorities.
- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 41a
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, pages 4–5
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a
333 ~Alternative Sophia KircherEPP · IMCO “The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced…”
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced representation and shall not affect the independence of competent authorities.
- Tabled by
- Sophia Kircher
- Group
- EPP
- Targets
- Data Act Article 41a
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 5
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2
879 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “and the European Data Protection Board”
(1) The European Data Innovation Board is established as a means to advising and assisting the Commission and the European Data Protection Board in coordinating the enforcement of this Regulation and to serve as a forum of discussion for the development of a European data economy and data policies.
- 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 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 63
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 1
Show 8 more amendments
880 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “to advise and assist the Commission and national competent authorities”
(1) The European Data Innovation Board is established
as a meanstoadvising and assisting the Commission in coordinatingcoordinate the enforcement of this Regulation, to advise and assist the Commission and national competent authorities, and to serve as a forum of discussion for the development of a European data economy and data policies.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 1
882 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced…”
(2) It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group. The European Data Innovation Board shall include structured participation from all relevant stakeholders and such participation shall ensure balanced representation and shall not affect the independence of competent authorities. Such participation shall be organised in a manner that ensures the absence of conflicts of interest and safeguards the independence of the Board. In particular, very large enterprises including undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and other natural or legal persons representing them, including interest organisations including them as members, shall be excluded from participation in the stakeholder component of the Board, without prejudice to their ability to be openly consulted in individual proceedings where appropriate and subject to strict conflict-of-interest safeguards.
- 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 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2
883 ~Alternative Mary KhanESN · ITRE–LIBE “of small and medium-sized enterprises shall participate in an advisory capacity. Additional members may be admitted only”
(2)
It shall be composed at least of representatives of Member States competent for matters related to data, the competent authorities for enforcement of Chapters II, III, V, VIIa and VIIc of this Regulation, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by the network of SME envoys. The Commission may decide to add additional categories of members. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the group.The European Data Innovation Board shall be composed of one representative appointed by each Member State. The European Data Protection Board, the European Data Protection Supervisor, ENISA and a representative of small and medium-sized enterprises shall participate in an advisory capacity. Additional members may be admitted only by a unanimous decision of the representatives of the Member States.Justification
A coordination forum shall not become a substitute legislator or a central enforcement body under the control of the Commission.
- Tabled by
- Mary Khan
- Group
- ESN
- Targets
- Data Act Article 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 2
884 −Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the proposed article
(3) The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 66
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 3
885 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “taking utmost account of the opinion of the Board and the European Data Protection Board for matters related to the processing of personal data”
(3) The Commission, taking utmost account of the opinion of the Board and the European Data Protection Board for matters related to the processing of personal data, shall decide on the composition of the different configurations in which the Board will fulfil its tasks.
- 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 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 3
886 ~Alternative Mary KhanESN · ITRE–LIBE “representatives of the Member States”
(3)
The Commission shall decide on the composition of the different configurations in which the Board will fulfil its tasks.The representatives of the Member States shall decide on the functioning and composition of the respective configurations. Decisions and opinions shall be adopted by consensus.Justification
A coordination forum shall not become a substitute legislator or a central enforcement body under the control of the Commission.
- Tabled by
- Mary Khan
- Group
- ESN
- Targets
- Data Act Article 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 67
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation 2023/2854 / Article 41a – paragraph 3
887 −Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the proposed article
(4) The Commission shall chair the meetings of the European Data Innovation Board.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 4
888 ~Alternative Mary KhanESN · ITRE–LIBE “The board shall be chaired by each Member State representative for a period of 12 months, rotating in accordance with the order laid down by the…”
(4)
The Commission shall chair the meetings of the European Data Innovation Board.’The board shall be chaired by each Member State representative for a period of 12 months, rotating in accordance with the order laid down by the Council. The Commission shall participate without the right to vote and shall provide the secretariat.Justification
A coordination forum shall not become a substitute legislator or a central enforcement body under the control of the Commission.
- Tabled by
- Mary Khan
- Group
- ESN
- Targets
- Data Act Article 41a
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 68
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 4
Provisions only Parliament amendments would add or change
1 amendment on 1 unit the Commission proposal leaves unchanged
Paragraph 1a (new)New
881 +Addition Damian BoeselagerGreens/EFA · ITRE–LIBE “The European Data Innovation Board is hereby established as a body of the Union and shall have legal personality.” numbered 1a
(1a)The European Data Innovation Board is hereby established as a body of the Union and shall have legal personality.
- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 41a – paragraph 1a (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 64
- Printed header
- Article 1 – paragraph 1 – point 22 / Regulation (EU) 2023/2854 / Article 41a – paragraph 1a (new)