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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 45

Text

Article 45 Data Act as printed in the Council text of 22 October 2026

Exercise of the delegation

Source Council, 22 October 2026. Article 45: ST 14756/26, page 126 · exact text page

Scope This text prints Article 45(2), Article 45(3), Article 45(6) only.

Article 45(2)

2.

The power to adopt delegated acts referred to in Article 29(7), Article 32u(2), Article 32x(7),and Article 33(2) shall be conferred on the Commission for an indeterminate period of time.

Article 45(3)

3.

The delegation of power referred to in Article 29(7), Article 32u(2), Article 32x(7), and Article 33(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Article 45(6)

6.

A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article 32x(7), or Article 33(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Article 45 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
2Paragraph 2 Amends Changed Amends , changed since the proposal Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 2
3Paragraph 3 Amends Changed Amends , changed since the proposal Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 0
6Paragraph 6 Amends Changed Amends , changed since the proposal Changed Amends Unchanged Amends Unchanged Amends Unchanged Amends Unchanged 0

Each text against the law in force: ~Amends amends the law in force changed from the text before

Each text against the text before it: ~Changed wording changed=Unchanged same as the text before

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Amends paragraphs 2, 3 and 6. Article 45 in this text
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes paragraphs 2, 3 and 6. Article 45 in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 45 in this text
  4. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 2 amendments to this article. Amendments in this document
  5. 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 45 in this text
  6. 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 45 in this text
  7. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 45 in this text

Paragraph 2

Changed by the Commission · changed by the Council on 10 June

Parliament amendments 2

2 propose alternative wording.

  1. 908 Alternative Mary KhanESN · ITRE–LIBE “The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period. Any extension…”

    (2) The power to adopt delegated acts referred to in Article 29(7), Article 32u(2) and Article 33(2) shall be conferred on the Commission for an indeterminatea period of timefive years after entry into force of this Regulation.’ The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period. Any extension shall require the express approval of the European Parliament and of the Council.

    Justification

    Essential rules of the data economy must be the responsibility of the legislator. Delegated powers must be strictly limited in time and subject to regular political scrutiny.

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    Data Act Article 45(2)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 24 – point a / Regulation (EU) 2023/2854 / Article 45 – paragraph 2
  2. 909 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “The power to adopt delegated acts referred to in Article 29(7), Article 32u(2) Article 33(2) and Article 5.1(a) shall be conferred on the Commission…”

    2. The power to adopt delegated acts referred to in Article 29(7), Article 32u(2) and Article 33(2) and Article 5.1(a) shall be conferred on the Commission for an indeterminate period of time.

    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 45(2)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 24 – point a / Regulation (EU) 2023/2854 / Article 45 – paragraph 2

Paragraph 3

Changed by the Commission · changed by the Council on 10 June

Paragraph 6

Changed by the Commission · changed by the Council on 10 June