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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 32k

Source
CJ72-AM-791072, page 19 pp. 19–24

Amendments as tabled

Seven amendments, each tabled separately · ITRE–LIBE amendments 777–1052 to the draft report

  1. 806 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “the exclusive right shall not be granted to an entity established in a third country, or to an entity established in the Union that is under the…”

    (da) In Article 32k, paragraph 2, the following point is added

    sa.the exclusive right shall not be granted to an entity established in a third country, or to an entity established in the Union that is under the direct or indirect control of a third-country entity, where the grant would be liable to expose the data concerned to the extraterritorial application of a third-country law or to harm the defence, security or economic security of the Union or of a Member State; before granting the right, the public sector body shall assess these risks, including any restrictive technical specifications liable to result in such exposure or dependency.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 2 – point da (new)
  2. 807 Alternative Dario TamburranoThe Left · ITRE–LIBE “the beneficiary of the exclusive right is an undertaking designated as a gatekeeper pursuant to Article 3(1) of Regulation (EU) 2022/1925”

    (3) By way of derogation offrom paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the total period of exclusivity, including any renewal, extension or successive arrangement having the same or an equivalent effect, shall in general not exceed 10 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.Where the beneficiary of the exclusive right is an undertaking designated as a gatekeeper pursuant to Article 3(1) of Regulation (EU) 2022/1925, that total period shall not exceed five years. Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms, technical measures or access conditions shall not prevent or restrict their lawful re-use after the expiry of the period of exclusivity.

    Justification

    This amendment establishes an effective maximum duration for exclusive digitisation arrangements and prevents circumvention through renewals, extensions or successive agreements. It also ensures that public-domain cultural resources remain available for lawful re-use once the limited exclusivity period expires.

    Tabled by
    Dario Tamburrano
    Group
    The Left
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  3. 808 Alternative Elena Sancho Murillo +7S&D · ITRE–LIBE “and for very large enterprises, including those undertakings designated as a gatekeeper under Regulation (EU) 2022/1925, 5 years”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years, and for very large enterprises, including those undertakings designated as a gatekeeper under Regulation (EU) 2022/1925, 5 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.No renewal or extension shall be permitted unless the public sector body demonstrates that the exclusive right remains strictly necessary, proportionate, and in the public interest. Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms shall not restrict their re-use beyond the period of exclusivity permitted under paragraph 3.

    Justification

    This

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  4. 809 Alternative Michael McNamara +4Renew · ITRE–LIBE “The review shall include an assessement of of whether the exclusive right remains strictly necessary, proportionate and in the public interest, and…”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter. The review shall include an assessement of of whether the exclusive right remains strictly necessary, proportionate and in the public interest, and be made publicly available.

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  5. 810 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “or, where the service provider is a gatekeeper, 5 years”

    (3) By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity shall in general not exceed 10 years, or, where the service provider is a gatekeeper, 5 years. Where that period exceeds 10 years, its duration shall be in accordance with applicable Union and national law subject to review during the 11th year and, if applicable, every seven years thereafter.Digitised cultural resources that are in the public domain shall remain in the public domain after digitisation. Contractual terms shall not restrict their re-use beyond the period of exclusivity permitted under paragraph 3 of this Article.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3
  6. 811 Addition Michael McNamara +4Renew · ITRE–LIBE “By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity for very…” numbered 3a

    (3a) In Article 32k, the following paragraph is inserted:

    By way of derogation of paragraph 1, where an exclusive right relates to the digitisation of cultural resources, the period of exclusivity for very large enterprises designated as gatekeepers under Article 3(1) of Regulation (EU) 2022/1925 shall not in general exceed five years. Where that period exceeds five years, its duration shall be in accordance with applicable Union and national law subject to review during the 6th year and, if applicable, every three years thereafter. The review shall include an assessement of whether the exclusive right remains strictly necessary, proportionate and in the public interest, and be made publicly available.'

    Tabled by
    Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
    Group
    Renew
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 3a (new)
  7. 812 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Such arrangements shall not have the object or effect of conferring on a single undertaking, in particular a very large undertaking or an undertaking…” numbered 6a

    (6a) In Article 32k, the following paragraph is added:

    Such arrangements shall not have the object or effect of conferring on a single undertaking, in particular a very large undertaking or an undertaking established in or controlled from a third country, a position enabling it to capture the availability of the data for re-use to the detriment of other Union actors. Where such a risk is identified, the public sector body shall give preference to arrangements that preserve access for actors established in the Union and that foster cooperation between Member States.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32k – paragraph 6a (new)