Article 32q
Amendments as tabled
Five amendments, each tabled separately · ITRE–LIBE amendments 777–1052 to the draft report
821 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “carried out in accordance with state-of-the-art privacy-preserving and privacy-enhancing techniques”
(1) The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data of the marginal costs incurred for the reproduction, provision and dissemination of such data or documents as well as for anonymisation of personal data, carried out in accordance with state-of-the-art privacy-preserving and privacy-enhancing techniques, and measures taken to protect commercially confidential information may be allowed.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 32q(1)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 1
822 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Without prejudice to Article 32r, public”
(6)
PublicWithout prejudice to Article 32r, public sector bodies may set out higher charges for there-usesupply of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 32q(6)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 30
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6
823 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Where the re-use by such an enterprise, in particular one established in or controlled from a third country, would be likely to expose high-value or…” numbered 6a
(6a) In Article 32q, the following paragraph is inserted:
Where the re-use by such an enterprise, in particular one established in or controlled from a third country, would be likely to expose high-value or strategically sensitive data to the extraterritorial application of a third-country law or to harm the economic security of the Union or of a Member State, the public sector body may, in addition to or instead of higher charges, make the re-use subject to binding conditions preventing onward transfer, re-identification or misuse, or restrict it to the extent necessary and proportionate to that objective.'
- 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 32q – paragraph 6a (new)
824 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “The supply and re-use of the following shall be free of charge for the user:”
(7) The supply and re-use of the following shall be free of charge for the user:
- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 31
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 7
825 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “and publicly funded scientific publications”
(b) research data referred to in point (c) of paragraph 1 of Article 32i and publicly funded scientific publications.
- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 32q(7)(b)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 32
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32q – paragraph 7 – point b