Article 19

(aa) In Article 19, paragraph 1, point c is replaced by the following

(aa) In Article 19, paragraph 1, point c is replaced by the following

(3) Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct, as well as the implementation of data minimisation principles, needs-based access separation, encryption of data in transit and at rest, and regular monitoring and assessment of the risks of unauthorised disclosure. In case of disclosure, the public sector body, the Commission, the European Central Bank or the Union body shall notify the trade secret holder within a reasonable period of time, limit the disclosure to what is strictly necessary and take remedial measures, including data recovery or termination of disclosure, as requested or decided upon by the competent authority. Any authorised disclosure shall be conducted in accordance with the applicable legal framework, respecting the rights of the trade secret holder, the safeguards adopted and the principles of transparency, proportionality and information security. The trade secret holder may request that compliance with those measures be monitored and may challenge an unjustified or excessive disclosure before the competent authorities.

Justification

Data privacy is essential, even in emergency situations, and requires clearly defined conditions for access and protection.

3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct. The disclosure of trade secrets shall not automatically prevent access; instead, it must trigger protective measures, limitations, and controls. Such measures must be proportionate and designed to safeguard the confidentiality of trade secrets while allowing necessary access in response to public sector requests.

3. Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15a. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures pursuant to Article 4(6) of this Regulation to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, confidentiality agreements, strict access protocols, technical standards and the application of codes of conduct.;

3a. In Article 19, the following paragraph 3a is added:

Justification

The disclosure of trade secrets to public bodies in the context of a public emergency, even where strictly necessary, exposes their holders to a heightened risk of unlawful use or onward dissemination. In order to preserve the confidentiality of trade secrets and the freedom to conduct a business, the safeguards should not be confined to the moment of disclosure but should extend to the subsequent handling of the data. This amendment provides that trade secrets obtained during a public emergency, including by any joint undertaking, are to be erased once they are no longer necessary, and that any sharing with a third party is, to the extent possible, to take place without transmission or downloading of the data, coupled with an obligation to erase and a prohibition on onward transmission. These measures ensure that the emergency-related use of trade secrets remains strictly proportionate to the purpose pursued.