Article 4

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

Justification

The amendments ensure that Data Act access rights do not override trade secrets, IP or EU cybersecurity objectives. Industrial and IoT data can reveal know-how, algorithms, control logic, production methods or R&D results when combined, sequenced or analysed in bulk. Disclosure without the trade secret holder’s consent would weaken innovation, expose EU manufacturers to unfair competition and security risks, and reduce trust in data sharing, while preserving coherence with the Trade Secrets Directive, NIS2 and the Cyber Resilience Act.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate with sufficient evidence that the product data and related service data constiute a trade secret within the meaning of Article 2(1) of Directive 2016/943, that such trade secrets cannot be eliminated or sufficiently mitigated through design measures pursutant to Aritcle 3(1), and, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious and demonstrable economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent user or trade secret protection compared to that under Union law. For the purposes of this Regulation, that'serious economic damage' does not include normal competitive effects arising from lawful access under the Data Act. The data holder mayshall refuse on a case-by-case basis a request for access toidentify the specific data inthat questionconstitutes a trade secret and shall not classify entire datasets as trade secrets. ThatAny such demonstration shall be duly substantiated on the basis of objective elements, suchverifiable asand specific evidence, taking into account, in particular, the enforceability of trade secretssecret protection in third countries, the nature and level of confidentiality of the data requestedconcerned, the design measures applied pursuant to Article 3(1), and the uniqueness and novelty of the connected product. ItSuch demonstration shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;Where the data holder refuses to share specific data on the basis of trade secret protection, it shall notify the competent authority designated pursuant to Article 37 without undue delay and no later than five working days after communicating the refusal to the user. The competent authority shall review the substantiation provided and issue a binding decision within sixty calendar days of receipt of the notification. A refusal shall be permitted only on a case-by-case basis and shall be duly reasoned, proportionate and limited to the specific data strictly necessary to protect the trade secret. It shall not prejudice the rights of users under this Regulation. Any claim relating to third-country entities shall be supported by concrete evidence demonstrating a specific risk of unlawful access, use or disclosure. Access may be refused only where the data holder demonstrates, on the basis of objective and verifiable evidence, that disclosure would create a serious and specific risk of unlawful acquisition, use or disclosure of the trade secret that cannot be adequately mitigated through confidentiality measures, technical safeguards or contractual arrangements.

Justification

The amendment ensures that the trade secret safeguard remains an exceptional mechanism and cannot be used to undermine the Data Act’s objective of effective data access. It clarifies that data holders must demonstrate that the data concerned qualify as trade secrets under Article 2(18) of the Data Act and Article 2(1) of the Trade Secrets Directive, and that related risks cannot be adequately mitigated through the design obligations under Article 3(1) of the Data Act. This preserves a balance between protecting legitimate trade secrets and ensuring access to and use of data.

8. The Commission, in consultation with the European Data Innovation Board (EDIB) and representatives of data holders, users, and thrid-parties shall publish a list of high-risk sectors with regards to the disclosure of trade secrets. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or, in high-risk sectors, that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elementsevidence, such as the enforceability of trade secrets protection in third countries, the verifable insufficiency of specific technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, the high likelihood of suffering serious economic damage, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37 no later than five working days after the refusal was communicated to the user.; The competent authority shall approve or reject the data holder’s refusal to share data pursuant to this paragraph based on a review of the evidence submitted by the data holder, and provide in writing an explanation for its decision to the data holder and user within 60 calander days. The user has the right to be heard before the competent authority decides to approve or reject the data holder’s refusal to share data pursuant to this paragraph. The Commission shall issue guidelines, in consultation with the European Data Innovation Board (EDIB) and representatives of data holders, users, and third parties on the application of this paragraph, such as the assessment of serious economic damage, third-country entity direct or indirect control, and the enforceability of trade secrets protection in third countries.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrateestablish, on the basis of reasonable grounds that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets, or of industrial, strategic or sensitive data whose disclosure would be liable to harm economic security, privacy or public order, or create a serious risk to the cybersecurity of the connected product, related service or the data holder’s systems, or that the disclosure of tradesuch secrets to the userdata poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, including as a result of the foreseeable onward transmission of the data to such entities, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstrationassessment shall be dulyreasonably substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, the nature and seriousness of the cybersecurity risk, the reasonably foreseeable chain of onward transmission of the data, and the uniqueness and novelty of the connected product. Data holders shall not be required to undertake a comprehensive assessment of foreign legal systems, enforcement practices, or international law in order to rely on this paragraph. In particular, small and medium-sized enterprises should be entitled to rely on publicly available information and generally recognised risks when assessing the likelihood of unlawful acquisition, use, or disclosure. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

Justification

The right to refuse data sharing where disclosure would cause serious harm should not be confined to trade secrets in the strict sense. Industrial, strategic or sensitive data whose disclosure would be liable to harm the economic security of the Union, the privacy of natural persons or public order warrant equivalent protection. Furthermore, the evidentiary standard applicable to data holders should be calibrated so as to remain workable in practice: requiring a holder to demonstrate that serious damage is highly likely sets a threshold that is difficult to meet ex ante and risks depriving the safeguard of its effectiveness. The introduction of a reasonable grounds standard, together with a requirement that the assessment be reasonably substantiated on the basis of objective elements, preserves the case-by-case and duly reasoned nature of the refusal while ensuring that the safeguard is genuinely operable.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstratefinds that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, suchin asparticular the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;Where the data holder refuses to share data pursuant to this paragraph, it shall notify the user requesting the data. The Commission shall consult stakeholders and adopt guidelines on the application of paragraph 4(8). These shall identify specific third-country jurisdictions and types of data or practices that inherently pose a high risk to trade secrets in particular where the disclosure of trade secrets to the third party poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law. The Commission shall provide a simplified template based on the list of objective criteria to help data holders to substantiate 'serious economic damage,' and where access may be granted even if data is highly sensitive and under what conditions.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.; Where the request for access involves data reflecting the user’s economic activity, scale of operations and output, the data holder shall inform the user in advance of the request received, specifying the nature of the data requested, the identity of the applicant and the decisions taken regarding the activation of the refusal mechanism referred to in this paragraph. Upon a reasoned request from the user, the data holder shall activate the refusal mechanism for the part of the data which reflects the user’s economic activity, unless the data holder demonstrates in writing that the conditions set out in this paragraph are not met.

Justification

L’emendamento non altera l’impianto del meccanismo di rifiuto introdotto dalla proposta della Commissione, ma ne aggiunge due elementi complementari, che intervengono soltanto nel caso in cui la richiesta di accesso riguardi dati che riflettono l’attività e il dimensionamento economico dell’utente e delle sue produzioni. Il primo elemento è un obbligo informativo del detentore dei dati verso l’utente. Il secondo è il diritto dell’utente di richiedere l’attivazione del meccanismo di rifiuto per la parte dei dati che lo riguardano, con inversione dell’onere motivazionale a carico del detentore ove intenda non attivare il meccanismo. La distinzione tra dati riconducibili al funzionamento tecnico del prodotto e dati riconducibili all’attività economica dell’utente può essere oggetto degli orientamenti della Commissione, come previsto dal considerando 13 bis introdotto dall’Emendamento 5.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.; Where the request for access involves data reflecting the user’s economic activity, scale of operations and output, the data holder shall inform the user in advance of the request received, specifying the nature of the data requested, the identity of the applicant and the decisions taken regarding the activation of the refusal mechanism referred to in this paragraph. Upon a reasoned request from the user, the data holder shall activate the refusal mechanism for the part of the data which reflects the user’s economic activity, unless the data holder demonstrates in writing that the conditions set out in this paragraph are not met. (Our intention is to amend part of the text at the end of the article.)

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.; Where appropriate technical, organisational or contractual measures cannot reasonably ensure the effective protection of trade secrets or confidential commercial information, the data holder shall not be required to disclose the relevant data. This Regulation shall set measures to prevent the disclosure of trade secrets where equivalent technical or contractual safeguards cannot reasonably ensure the protection of confidential commercial information.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question.In any circumstance, where the data holder who is a trade secret holder assesses a risk of disclosing trade secrets, the data holder may refuse a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product.The assessment shall be based on the definition of trade secrets stated in Article 2 (1) of Directive (EU) 2016/943 of the European Parliament and of the Council. ItThe refusal shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question.In any circumstance, where the data holder who is a trade secret holder assesses a risk of disclosing trade secrets, the data holder may refuse a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product.The assessment shall be based on the definition of trade secrets stated in Article 2 (1) of Directive (EU) 2016/943 of the European Parliament and of the Council. ItThe refusal shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question.In any circumstance, where the data holder who is a trade secret holder assesses a risk of disclosing trade secrets, the data holder may refuse a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product.The assessment shall be based on the definition of trade secrets stated in Article 2 (1) of Directive (EU) 2016/943 of the European Parliament and of the Council. ItThe refusal shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

8. In exceptional circumstances, whereWhere the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay.The refusal shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.; Circumstances that invoke the right to refuse a request for access may also arise if the disclosure of such data would increase cybersecurity risks affecting the security or resilience of the shared data, or the data holder’s network and information systems, connected products, or related services.

Justification

This amendment improves legal certainty by recognising cybersecurity as a valid ground to refuse data access where disclosure would demonstrably increase cyber risks or compromise the security of data, systems, products or services. It closes a gap in the Data Act, aligns it with the NIS2 Directive and Cyber Resilience Act, and allows refusal only where objectively justified, preserving data sharing while preventing avoidable cybersecurity risks.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious and irreparable economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, suchin asparticular the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.; The data holder and the competent authority shall inform the user of their rights and the relevant procedure under paragraph 7.

8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, suchin asparticular the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

Justification

Article 4(8), as currently drafted in the Data Act, establishes an exhaustive framework for demonstrating, based on objective elements, the risk of serious economic damage resulting from the disclosure of trade secrets. Replacing ‘in particular’ with ‘such as’ would transform that framework into an open-ended list of criteria, allowing reliance on additional unspecified elements and broadening the grounds for refusal. To preserve legal certainty, the original wording should be retained.

8a. Article 4, paragraph 13 is amended as follows

93a. Without prejudice to a user’s right to seek redress at any stage before a court or tribunal of a Member State, a user wishing to challenge a data holder’s decision to refuse or to withhold or suspend data sharing pursuant to paragraphs 7 and 8 may: (a)lodge, in accordance with Article 37(5), point (b), a complaint with the competent authority, which shall, without undue delay, decide whether and under which conditions data sharing is to start or resume; orArticle 4 paragraph 9 is deleted ""

3 a. Article 4 - paragraph 6 is replaced by the following:

6. Trade secrets shall be preserved and shall be disclosed only where the data holder and the user take all necessary measures prior to the disclosure to preserve their confidentiality in particular regarding third parties. 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, and shall agree with the user proportionate technical and organisational measures necessary to preserve the confidentiality of the shared data, in particular in relation to third parties, such as model contractual terms, confidentiality agreements, strict access protocols, technical standards and the application of codes of conduct.Trade secrets shall be preserved and shall not be disclosed without the consent of their respective trade secret holder."

Justification

The amendments ensure that Data Act access rights do not override trade secrets, IP or EU cybersecurity objectives. Industrial and IoT data can reveal know-how, algorithms, control logic, production methods or R&D results when combined, sequenced or analysed in bulk. Disclosure without the trade secret holder’s consent would weaken innovation, expose EU manufacturers to unfair competition and security risks, and reduce trust in data sharing, while preserving coherence with the Trade Secrets Directive, NIS2 and the Cyber Resilience Act.

3a. In Article 4, paragraph 14 is replaced by the following;

73 b. Where there is no agreement on the necessary measures referred to in paragraph 6, or if the user fails to implement the measures agreed pursuant to paragraph 6 or undermines the confidentiality of the trade secrets, the data holder may withhold or, as the case may be, suspend the sharing of data identified as trade secrets.Article 4 - paragraph 7 is deleted. The decision of the data holder shall be duly substantiated and provided in writing to the user without undue delay. In such cases, the data holder shall notify the competent authority designated pursuant to Article 37 that it has withheld or suspended data sharing and identify which measures have not been agreed or implemented and, where relevant, which trade secrets have had their confidentiality undermined.""

Justification

The amendments ensure that Data Act access rights do not override trade secrets, IP or EU cybersecurity objectives. Industrial and IoT data can reveal know-how, algorithms, control logic, production methods or R&D results when combined, sequenced or analysed in bulk. Disclosure without the trade secret holder’s consent would weaken innovation, expose EU manufacturers to unfair competition and security risks, and reduce trust in data sharing, while preserving coherence with the Trade Secrets Directive, NIS2 and the Cyber Resilience Act.

133c. A data holder shall only use any readily available data that is non-personal data on the basis of a contract with the user.In Article 4, paragraph 13 is deleted. A data holder shall not use such data to derive insights about the economic situation, assets and production methods of, or the use by, the user in any other manner that could undermine the commercial position of that user on the markets in which the user is active.""

Justification

Deleting Article 4(13) and (14) restores data holders’ ability to use non-personal data generated by connected products for diagnostics, maintenance, safety, cybersecurity, quality assurance, R&D, AI development and product improvement. The current rules create legal uncertainty, contractual friction and barriers for upstream operators and OEM-component partnerships. Deletion simplifies the Data Act, supports industrial competitiveness and leaves safeguards for data protection, trade secrets and IP intact.

143d. Data holders shall not make available non-personal product data to third parties for commercial or non-commercial purposes other than the fulfilment of their contract with the user.Article 4 - paragraph 14 is deleted. Where relevant, data holders shall contractually bind third parties not to further share data received from them.""

Justification

Deleting Article 4(13) and (14) restores data holders’ ability to use non-personal data generated by connected products for diagnostics, maintenance, safety, cybersecurity, quality assurance, R&D, AI development and product improvement. The current rules create legal uncertainty, contractual friction and barriers for upstream operators and OEM-component partnerships. Deletion simplifies the Data Act, supports industrial competitiveness and leaves safeguards for data protection, trade secrets and IP intact.