Article 38a
Amendments as tabled
One amendment · ITRE–LIBE amendments 777–1052 to the draft report
874 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “'Article 38a Representation Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, users shall have…”
19a. After Article 38, the following Article is inserted:
'Article 38a
Representation
Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, users shall have the right to mandate a body, organisation or association to exercise the rights conferred by this Regulation on their behalf, provided the body, organisation or association meets all of the following conditions:
(a)It operates on a not-for-profit basis;
(b)It has been properly constituted in accordance with the law of a Member State;
(c)Its statutory objectives include a legitimate interest in ensuring that this Regulation is complied with.
Justification
This amendment is inspired by Article 86 of the Digital Services Act and aims to encourage the effective exercise of rights by users, as evidence shows that available redress mechanisms are often underused. Introducing an incentive to make these mechanisms more accessible and visible is expected to increase their practical effectiveness. The amendment benefits both consumers and businesses, including SMEs, by facilitating the early resolution of disputes, reducing unnecessary litigation and fostering greater trust and legal certainty in the internal market.
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 38a (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 59
- Printed header
- Article 1 – paragraph 1 – point 19 a (new) / Regulation (EU) 2023/2854 / Article 38a (new)