Data Act· Article 49
Text
Article 49 Data Act as printed in the Council text of 22 October 2026
Evaluation and review
Source Council, 22 October 2026. Article 49: ST 14756/26, page 127 · pp. 127–129 · exact text page
Article 49(1), introductory wording
By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:
Article 49(1)(a)
situations to be considered to be situations of public emergency for the purpose of Article 15a of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15a of this Regulation, including the evolution of privacy-enhancing technologies;
Article 49(1)(m)
the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations
Article 49(2a)
By [date = entry into force plus 5 years], the Commission shall carry out an evaluation of chapters VIIa, VIIb and VIIc of this Regulation and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee.
The report shall assess, in particular:
the state of registrations of data intermediation services and the type of services they offer;
the type of data altruism organisations registered and an overview of the objectives of general interests for which data are shared in view of establishing clear criteria in that respect.’
the scope and social and economic impact of Chapter VIIc Section 2 including
the extent of the increase in re-use of public sector documents to which Section 2 of Chapter VIIc applies, especially by SMEs and SMCs;
the impact of the high-value datasets;
the interaction between data protection rules and re-use possibilities;
Member States shall provide the Commission with the Information necessary for the preparation of that report.
Article 49(4)
On the basis of the reports referred to in paragraphs 1, 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.
How each paragraph has changed
| What each text would do to the law in force | |||||||
|---|---|---|---|---|---|---|---|
| Paragraph | 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 | |
| 1Paragraph 1introductory wording | Amends Changed | Amends , changed since the proposal Changed | Amends Unchanged | Amends , changed since 18 Jun Changed | Amends Unchanged | Amends Unchanged | 18 |
| 2aParagraph 2a | Adds Added | Adds , changed since the proposal Changed | Adds Unchanged | Adds Unchanged | Adds Unchanged | Adds Unchanged | 1 |
| 5Paragraph 5 | Amends Changed | Amends , changed since the proposal Changed printed (4) | Amends Unchanged printed (4) | Amends Unchanged printed (4) | Amends Unchanged printed (4) | Amends Unchanged printed (4) | 0 |
Each text against the law in force: +Adds adds a provision the law in force lacks~Amends amends the law in force 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
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Adds paragraph 2a and amends paragraphs 1 and 5.Article 49(4): The proposal calls this paragraph 5, but the Data Act has only four paragraphs, so the tracker applies the wording to paragraph 4, as a later Council draft does too. The source record preserves the proposal’s own number. Article 49 in this text
- 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 5 amendments to this article. Amendments in this document
- 10 Jun 2026 Council textST 10426/26 Changed Changes paragraphs 1, 2a and 5. Article 49 in this text
- 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 49 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
- 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 2 amendments to this article. Amendments in this document
- 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 11 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 Changed Changes paragraph 1. Article 49 in this text
- 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 49 in this text
- 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 49 in this text
Paragraph 1
Changed by the Commission · changed by the Council on 10 June · changed on 3 September
Parliament amendments 18
2 would delete the introductory wording, 7 propose alternative wording and 9 would add wording to paragraph 1. Deletion amendments come from S&D, and from the IMCO rapporteur’s draft opinion.
| Type | The Left | S&D | Greens/EFA | Renew | Rapporteur |
|---|---|---|---|---|---|
| − Deletion | · | 1 | · | · | 1 |
| ~ Alternative | 1 | 2 | 2 | 1 | 1 |
| + Addition | · | 4 | · | 1 | 4 |
By political group
- − Deletion S&D 1 Rapporteur 1
- ~ Alternative The Left 1 S&D 2 Greens/EFA 2 Renew 1 Rapporteur 1
- + Addition S&D 4 Renew 1 Rapporteur 4
Show
42 +Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as…”
(iia) the following point is added
(ma)the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and very large enterprises;
- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 49 – paragraph 1 – point ma (new)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 33
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii a(new) / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point m a (new)
92 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “after point (m) the following points are added:”
(ii) after point (m)
is replaced bythe following points are added:- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 49(1)(m)
- Document
- IMCO draft opinion
- Source
- Official text, page 71
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii – introductory part / Regulation (EU) 2023/2854 / Article 49 – point m
93 −Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the Commission’s wording
(m) the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 49(1)(m)
- Document
- IMCO draft opinion
- Source
- Official text, page 71
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – point m
94 +Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “(ma) the impact of this Regulation on consumer protection and fundamental rights, including the rights to privacy and the protection of personal…”
(ma)
(ma)the impact of this Regulation on consumer protection and fundamental rights, including the rights to privacy and the protection of personal data, non-discrimination, access to information, and the effective remedy;
Justification
This makes the Commission assess whether the new framework increases concentration, weakens rights, or creates enforcement gaps, following concerns that the proposal assumes data availability creates value without asking who benefits or who loses power.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 49 – paragraph 1 – point ma (new)
- Document
- IMCO draft opinion
- Source
- Official text, page 72
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – point m a (new)
95 +Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as…”
(mb)the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and very large enterprises;
Justification
This makes the Commission assess whether the new framework increases concentration, weakens rights, or creates enforcement gaps, following concerns that the proposal assumes data availability creates value without asking who benefits or who loses power.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 49 – paragraph 1 – point mb (new)
- Document
- IMCO draft opinion
- Source
- Official text, page 72
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – point m b (new)
96 +Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “the effectiveness of safeguards for mixed datasets, protected data, and data re-use under Chapter VIIc; (md) the effectiveness of complaint, redress…”
(mc)the effectiveness of safeguards for mixed datasets, protected data, and data re-use under Chapter VIIc; (md) the effectiveness of complaint, redress, supervision, and enforcement mechanisms, including cooperation with supervisory authorities established under Regulation (EU) 2016/679.’
Justification
This makes the Commission assess whether the new framework increases concentration, weakens rights, or creates enforcement gaps, following concerns that the proposal assumes data availability creates value without asking who benefits or who loses power.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 49 – paragraph 1 – point mc (new)
- Document
- IMCO draft opinion
- Source
- Official text, page 73
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – point m c (new)
340 ~Alternative David CormandGreens/EFA · IMCO “point (m) is replaced by the following points:”
(ii) point (m) is replaced by the following points:
- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 49(1)(m)
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 9
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii – introductory part / Regulation (EU) 2023/2854 / Art 49
341 ~Alternative David CormandGreens/EFA · IMCO “role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925”
(m) the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations(m) (m) the impact of this Regulation on consumer protection and fundamental rights, including the rights to privacy and the protection of personal data, non discrimination, access to information, and the effective remedy; (ma) the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and very large enterprises;- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 49(1)(m)
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 9
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49
911 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “introduced via [Regulation (EU)xx/xx Digital Omnibus]”
1. By 12 September 2028, the Commission shall carry out an evaluation of
chaptersthisIIRegulation,III,inIV,particularV,theVI,changesVIIintroduced via [Regulation (EU)xx/xx Digital Omnibus], and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:’Justification
This amendment preserves the broader scope of the review provided for under the current legal framework by referring to the Regulation as a whole. The proposed limitation of the review would reduce the Commission’s obligation to assess the Regulation’s overall functioning and effectiveness. Given that these changes were proposed without a dedicated impact assessment, maintaining a comprehensive review clause is necessary to ensure that all aspects of the Regulation can be properly evaluated and, where appropriate, adapted in light of implementation and market developments.
- 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 49(1), introductory wording
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point i / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – introductory part
912 ~Alternative Michael McNamara +4Renew · ITRE–LIBE “and every four years thereafter”
1. By 12 September 2028 and every four years thereafter, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:
’'- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 49(1), introductory wording
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 80
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point i / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point i
Show 8 more amendments
913 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “after point (m), the following points are added:”
(ii) after point (m)
is replaced by, the following points are added:- 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 49(1)(m)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii – introductory part / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point m
914 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the Commission’s wording
(m) the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligationsJustification
This amendments ensures that the Commission assesses whether the new framework increases concentration, weakens rights, or creates enforcement gaps, following concerns that the proposal assumes data availability creates value without asking who benefits or who loses power.
- 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 49(1)(m)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 81
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point m
915 ~Alternative João OliveiraThe Left · ITRE–LIBE “the impact of this Regulation on SMEs with regard to their capacity to innovate and to the availability of data processing services for users in the…”
(m) the impact of this Regulation on SMEs
and SMCswith regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations’- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 49(1)(m)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point m
916 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “the impact of this Regulation on consumer protection and fundamental rights, including the rights to privacy and the protection of personal data…”
(ma)the impact of this Regulation on consumer protection and fundamental rights, including the rights to privacy and the protection of personal data, non-discrimination, access to information, and to an effective remedy;
- 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 49 – paragraph 1 – point ma (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 82
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point ma (new)
917 +Addition Elena Sancho Murillo +7S&D · ITRE–LIBE “the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as…”
(mb)the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and other very large enterprises;
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 49 – paragraph 1 – point mb (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point mb (new)
918 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “the effectiveness of safeguards for mixed datasets, protected data, and data re-use under Chapter VIIc;”
(mc)the effectiveness of safeguards for mixed datasets, protected data, and data re-use under Chapter VIIc;
- 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 49 – paragraph 1 – point mc (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 83
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point mc (new)
919 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “the effectiveness of complaint, redress, supervision, and enforcement mechanisms, including cooperation with supervisory authorities established…”
(md)the effectiveness of complaint, redress, supervision, and enforcement mechanisms, including cooperation with supervisory authorities established under Regulation (EU) 2016/679.’
- 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 49 – paragraph 1 – point md (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 83
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point md (new)
920 +Addition Michael McNamara +4Renew · ITRE–LIBE “the impact of competent authorities’ promotion of data literacy and awareness among users and entities falling within the scope of this Regulation of…”
(iia) In Article 49, paragraph 1, the following point is added
(n)the impact of competent authorities’ promotion of data literacy and awareness among users and entities falling within the scope of this Regulation of the rights and obligations under this Regulation.'
- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 49 – paragraph 1 – point n
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 84
- Printed header
- Article 1 – paragraph 1 – point 26 – point a – point ii a (new) / Regulation (EU) 2023/2854 / Article 49 – paragraph 1 – point n
Paragraph 2a
Added by the Commission · changed by the Council on 10 June
Parliament amendments 1
1 proposes alternative wording.
921 ~Alternative João OliveiraThe Left · ITRE–LIBE “the extent of the increase in re-use of public sector documents to which Section 2 of Chapter VIIc applies, especially by SMEs;”
(d) the extent of the increase in re-use of public sector documents to which Section 2 of Chapter VIIc applies, especially by SMEs
and SMCs;- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 49(2a)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 84
- Printed header
- Article 1 – paragraph 1 – point 26 – point b / Regulation (EU) 2023/2854 / Article 49 – paragraph 2a – point d
Paragraph 5
Changed by the Commission · changed by the Council on 10 June