Article 22a

Where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.; Where the data requested by the Commission, the European Central Bank or the Union body concerns personal data, the complaint shall be referred to the supervisory authority within the meaning of Regulation (EU) 2016/679 of the Member State where the data holder is established and the European Data Protection Supervisior (EDPS). Where the data requested by the public body concerns personal data, the complaint shall be referred to the supervisory authority within the meaning of Regulation (EU) 2016/679 of the Member State where the data holder is established and the European Data Protection Board (EDPB).

Where a dispute arises concerning a request for data under Article 15a, including its refusal, or modification under Article 18(5), the level of compensation, or the transmission or making available of data under Article 21(5), the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.; Prior to referring the matter to the competent authority, the parties shall, where appropriate, seek to resolve the dispute through a modification of the request.

Justification

In the interest of legal certainty and of a coherent system of remedies, Article 22a establishes a single procedural avenue for the settlement of disputes arising from data requests made in the context of a public emergency.

WhereWithout prejudice to Article 38, where a dispute arises concerning a request for data under Article 15a, including its refusal, modification, the level of compensation, or the transmission or making available of data, the data holder, the public sector body, the Commission, the European Central Bank or the Union body may lodge a complaint with the competent authority, designated pursuant to Article 37, of the Member State where the data holder is established.;

Justification

The amendment is necessary to ensure legal certainty and a coherent enforcement framework under the Data Act. Introducing a separate right to lodge a complaint in Chapter V, while maintaining the horizontal complaints mechanism in Article 38, creates unnecessary overlap and uncertainty as to the applicable procedural rules. Aligning or merging these provisions would ensure a single, consistent complaints mechanism across the Regulation, in line with the recommendations of the European Data Protection Board and the European Data Protection Supervisor.