Article 32k

(da)an exclusive right shall not be granted to an entity established in a third country, nor to an entity established in the Union under the direct or indirect control of a third-country entity where granting that right would be liable to expose the data concerned to the extraterritorial application of third-country legislation or to have a detrimental effect on the defence, security or economic security of the Union or a Member State; before granting the right, the public sector body shall evaluate those risks, including any restrictive technical specification that might lead to such exposure or dependence.

6a.Such arrangements shall not have the aim or effect of conferring on a single enterprise, in particular a very large enterprise or an enterprise established in a third country or controlled from a third country, a position enabling it to capture data availability for the purposes of re-use to the detriment of other Union operators. Where such a risk is identified, the public sector body shall prioritise arrangements that preserve the access of operators established in the Union and which support cooperation between Member States.