Article 30
Amendments as tabled
One amendment · IMCO amendments 125–328 to the draft opinion
259 ~Alternative Piotr Müller +1ECR · IMCO “Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers…”
14a. Article 30, paragraph 1 is replaced by the following:
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall, in accordance with Article 27, take all reasonable measures in their power to facilitate that the customer, after switching to a service covering the same service type, achieves functional equivalence in the use of the destination data processing service. The source provider of data processing services shall facilitate the switching process by providing
capabilities,adequate information, documentation, technical support and, where appropriate, the necessary tools."Justification
The word ‘capabilities’ should be deleted as it creates an undefined and potentially open-ended obligation. Switching rules should help customers move between services, not require providers to recreate or guarantee another provider’s technical functionalities, performance or architecture. The change supports the Digital Omnibus simplification objective, aligns Article 30 with Chapter VI and reduces disproportionate compliance risks in security-sensitive cloud environments.
- Tabled by
- Piotr Müller, Diego Solier
- Group
- ECR
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 14 a (new) / Regulation 2023/2854 / Article 30 – paragraph 1