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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 38

Source
CJ72-AM-791072, page 55 pp. 55–58

Amendments as tabled

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

  1. 868 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their…”

    (a) with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights or obligations under this Regulation have been infringed;

    Justification

    Important to ensure users can bring complaints if a data holder infringe their obligations affecting them

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, 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 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 1 – point a
  2. 869 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “in a timely and meaningful manner”

    (3) The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, in a timely and meaningful manner, of:

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, 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 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3
  3. 870 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “applicable under national and”

    (b) the administrative, judicial and non-judicial remedies applicable under national and provided for in Article 39.

    Justification

    This amendment aligns Article 28 with Article 39, which expressly provides that consumers have access to administrative, judicial and non-judicial remedies. To enable consumers to effectively exercise these rights, traders should be required to inform them of all available remedies under applicable national law. Providing complete information enhances transparency, legal certainty and the effective enforcement of consumer rights, while ensuring consistency within the Regulation.

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, 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 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3 – point b
  4. 871 Addition Damian BoeselagerGreens/EFA · ITRE–LIBE “Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant…” numbered 3a

    (3a) In Article 38, the following paragraph is added:

    Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394. The European Commission shall make available means to enhance such cooperation, in particular via relevant software solutions to register and track cases, especially with cross-border relevance.'

    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 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3a (new)
  5. 872 Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “Competent authorities shall cooperate early in the process to handle and resolve complaints effectively and in a timely manner, including by…” numbered 3a

    (3a) In Article 38, the following paragraph is added:

    Competent authorities shall cooperate early in the process to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.’

    Justification

    Requiring competent authorities to cooperate early in the process promotes the swift and effective handling of complaints, reduces procedural delays and facilitates the timely exchange of relevant information before issues become more complex. Early cooperation also helps avoid duplication of efforts, supports coherent enforcement across Member States and contributes to greater legal certainty for consumers and traders, while remaining without prejudice to the cooperation mechanisms established under Regulations (EU) 2016/679 and (EU) 2017/2394.

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, 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 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3a (new)
  6. 873 Addition Michael McNamara +5Renew · ITRE–LIBE “Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant…” numbered 3a

    (3a) In Article 38, the following paragraph is added:

    Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.'

    Tabled by
    Michael McNamara, Irena Joveva, Sophie Wilmès, 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 19 / Regulation (EU) 2023/2854 / Article 38 – paragraph 3a (new)