Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 42

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

Article total: 10 parts · 3 Council drafts · 34 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

All Commission’s changes to Data Act

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 13 December 2023, with the Commission proposal change affecting this article applied.

Article 42

Role of the EDIB

  1. TheRole EDIB established byof the Commission as an expert group pursuant to Article 29 of Regulation (EU) 2022/868, in which competent authorities shall be represented, shall support the consistent application of this Regulation by:EDIB

  2. (a)

    advising and assisting the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V and VII;

  3. (b)

    facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapters II, III and V in cross-border cases, including coordination with regard to the setting of penalties;

  4. (c)

    advising and assisting the Commission with regard to:

    1. (i)

      whether to request the drafting of harmonised standards referred to in Article 33(4), Article 35(4) and Article 36(5);

    2. (ii)

      the preparation of the implementing acts referred to in Article 33(5), Article 35(5) and (8) and Article 36(6);

    3. (iii)

      the preparation of the delegated acts referred to in Article 29(7) and Article 33(2); and

    4. (iv)

      the adoption of the guidelines laying down interoperable frameworks for common standards and practices for the functioning of common European data spaces referred to in Article 33(11).

  5. 1.

    The EDIB shall support the consistent application of this Regulation by:

    1. (a)

      serving as a forum for strategic discussions on data policies, data governance, international data flows and cross-sectoral developments relevant to the European data economy;

    2. (b)

      advising and assisting the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V, VII, VIIa and VIIc;

    3. (c)

      facilitating cooperation between competent authorities through capacity- building and the exchange of information;

    4. (d)

      fostering an exchange of experience and good practice between the Member States in the field of re-use of public sector information in collaboration with other relevant governance bodies.’;

Commission source wording and instructions

Article 42

Commission proposal

Article 42 Role of the EDIB (1) The EDIB shall support the consistent application of this Regulation by: (a) serving as a forum for strategic discussions on data policies, data governance, international data flows and cross-sectoral developments relevant to the European data economy; (b) advising and assisting the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V, VII, VIIa and VIIc; (c) facilitating cooperation between competent authorities through capacity-building and the exchange of information; (d) fostering an exchange of experience and good practice between the Member States in the field of re-use of public sector information in collaboration with other relevant governance bodies.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 42

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 42 Role of the EDIB

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

More filters

Political group at the amendment date where available; otherwise the current Parliament affiliation.

Additional proposed wording Amendment 39 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
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Alternative wording Amendment 40 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(c) facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapters II, III and V in cross-border cases, including coordination with regard to the setting of penalties;
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Additional proposed wording Amendment 41 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
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Alternative wording Amendment 63 JURI draft opinion · Brando Benifei (rapporteur)
(c) facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapters II, III and V in cross-border cases, including coordination with regard to the setting of penalties;
Justification

This amendment preserves the EDIB’s operational role in supporting cooperation between competent authorities, particularly in cross-border enforcement situations. Maintaining mechanisms for the efficient exchange of information and coordination on penalties can help reduce fragmentation, strengthen consistent enforcement and improve legal certainty across the Union.

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Additional proposed wording Amendment 64 JURI draft opinion · Brando Benifei (rapporteur)
Justification

This amendment strengthens the practical role of the EDIB in supporting the consistent implementation of the Data Act across sectors. Clarifying the EDIB’s role in contributing to guidance and cross-sector standardisation can improve legal certainty, reduce fragmentation and help businesses, public authorities and competent bodies apply the framework more coherently in practice.

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Additional proposed wording Amendment 65 JURI draft opinion · Brando Benifei (rapporteur)
Justification

This amendment strengthens the practical role of the EDIB in supporting the consistent implementation of the Data Act across sectors. Clarifying the EDIB’s role in contributing to guidance and cross-sector standardisation can improve legal certainty, reduce fragmentation and help businesses, public authorities and competent bodies apply the framework more coherently in practice.

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Additional proposed wording Amendment 66 JURI draft opinion · Brando Benifei (rapporteur)
Justification

This amendment promotes greater coherence across the EU digital regulatory framework by strengthening cooperation between the EDIB and other relevant authorities, expert groups and governance bodies.

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Alternative wording Amendment 90 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(c) facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under this Regulation in cross-border cases, including coordination with regard to the settting of penalties; ;
Justification

Reinsertion of text omitted from art. 42(1) of the current Data Act - recommended by EDPB-EDPS joint opinion, para. 169.

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Additional proposed wording Amendment 91 IMCO draft opinion · Alex Agius Saliba (rapporteur)
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Alternative wording Amendment 231 · David Cormand JURI
(c) facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapters II, III and V in cross-border cases, including coordination with regard to the setting of penalties ;
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point c

Alternative wording Amendment 334 · Sophia Kircher IMCO
(b) advising and assisting the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V, VII, VIIa and VIIc, including providing guidance on the interplay between the GDPR and the Data Act regarding mixed datasets to prevent contradictory obligations for downstream processing;
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 b

Alternative wording Amendment 335 · David Cormand on behalf of the Verts/ALE Group IMCO
(c) facilitating cooperation between competent authorities through capacity-building and the exchange of information; in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapters II, III and V in cross-border cases, including coordination with regard to the setting of penalties
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42

Additional proposed wording Amendment 336 · Virginie Joron IMCO
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1

Additional proposed wording Amendment 337 · Virginie Joron IMCO
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1

Additional proposed wording Amendment 338 · Virginie Joron IMCO
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1

Alternative wording Amendment 889 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
(a) serving as a forum for strategic discussions on data policies, data governance, international data flows and cross-sectoral developments relevant to the European data economy under this Regulation and in full respect of its competences and tasks, without covering matters covered under Regulation (EU) 2016/679 subject to discussion within the European Data Protection Board and subject to supervision by competent supervisory authorities pursuant to that Regulation;
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point a

Additional proposed wording Amendment 890 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point aa (new)

Additional proposed wording Amendment 891 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point ab (new)

Additional proposed wording Amendment 892 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point ac (new)

Alternative wording Amendment 893 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(b) advising and assisting national competent authorities and the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V, VII, VIIa and VIIc;
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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point b

Additional proposed wording Amendment 894 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point ba (new)

Alternative wording Amendment 895 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(c) facilitating cooperation between competent authorities through capacity-building and the exchange of information via the maintenance of a secure information sharing system and by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapter II, III and V in cross-border cases, including, coordination with regards to the setting of penalties ;
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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point c

Alternative wording Amendment 896 · Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(c) facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of rights and obligations in cross-border cases, including coordination with regard to the setting of penalties’ ;
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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point c

Additional proposed wording Amendment 897 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Justification

Re-instated from Article 7(4)(b) of Regulation (EU) 2022/868, this provision aims to operationalise the uptake of privacy-preserving methods by data holders and data processing services, so as to mitigate the risk of re-identification. This task should be added to the roles of the European Data Innovation Board, in close cooperation with the European Data Protection Board, so as to ensure the protection of natural persons against re-identification and against the unlawful transfer and use of personal data.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point da (new)

Additional proposed wording Amendment 898 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point da (new)

Additional proposed wording Amendment 899 · Michael McNamara, Irena Joveva, Sophie Wilmès, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point da (new)

Additional proposed wording Amendment 900 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Justification

Entrusts the EDIB with promoting the adoption and interoperability of consent and agency-enhancing services across terminal equipment, operating systems, browsers, applications and websites. Interoperability is the condition which prevents the management of consent from being captured by the providers of browsers and operating systems.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point db (new)

Additional proposed wording Amendment 901 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point db (new)

Additional proposed wording Amendment 902 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 – point dc (new)

Additional proposed wording Amendment 903 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1a (new)

Additional proposed wording Amendment 904 · Mary Khan ITRE · LIBE
Justification

It makes sense to introduce some form of coordination but this must not bind national authorities or result in the transfer of sensitive case information to an EU body.

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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 a (new)

Additional proposed wording Amendment 905 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1a (new)

Additional proposed wording Amendment 906 · Mary Khan ITRE · LIBE
Justification

It makes sense to introduce some form of coordination but this must not bind national authorities or result in the transfer of sensitive case information to an EU body.

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against:
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1 b (new)

Additional proposed wording Amendment 907 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 23 / Regulation (EU) 2023/2854 / Article 42 – paragraph 1b (new)