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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 32q

Source
IMCO-AM-790905, page 146 pp. 146–149

Amendments as tabled

Four amendments, each tabled separately · IMCO amendments 125–328 to the draft opinion

  1. 307 Addition Virginie JoronPfE · IMCO “New Article 3qa. Pseudonymisation and request for consent 1. Where data or documents made available for the purposes of re-use under this Chapter…”

    New Article 3qa.

    Pseudonymisation and request for consent

    1.Where data or documents made available for the purposes of re-use under this Chapter contain personal data, the public sector body shall, before allowing re-use, apply state-of-the-art techniques aimed at preserving and reinforcing privacy protection within the meaning of Article 4 of Regulation (EU) 2016/679, including pseudonymisation, in such a way as to reduce the probability of data being attributed to a specific natural person while preserving their usefulness for the purposes of re-use.

    2.The measures referred to in paragraph 1 shall be designed to protect personal data relating to identifiable natural persons from re-identification, personal data breaches and unlawful use and trade, taking into account the means reasonably likely to be used. The residual risk of re-identification, including through algorithmic methods, shall be assessed and documented.

    3.Where the re-use of personal data requires the consent of the data subject, the public sector body or the competent body shall facilitate the giving, refusal or withdrawal of such consent, including by automated and machine-readable means and, where applicable, through a service provider specialising in enhancing consent and the power to act under Article 2(38)(f). Consent obtained for the objectives of re-use shall be specific to the purposes of the re-use and may not be presumed from the consent given for the initial purpose for which the data were collected.

    4.This Article shall be without prejudice to Regulation (EU) 2016/679, which shall take precedence in the event of conflict and to the conditions applicable to the re-use of certain categories of protected data listed in Section 3.’

    Tabled by
    Virginie Joron
    Group
    PfE
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q a
  2. 308 Alternative Virginie JoronPfE · IMCO “carried out in accordance with state-of-the-art techniques for the preservation and reinforcement of privacy”

    (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 techniques for the preservation and reinforcement of privacy, and measures taken to protect commercially confidential information may be allowed.

    Tabled by
    Virginie Joron
    Group
    PfE
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32 q
  3. 309 Alternative Sophia KircherEPP · IMCO “The European Commission shall prepare guidelines to promote a harmonised system for charging such fees across Member States.”

    (6) Public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises with a designation as a gatekeeper under Regulation (EU) 2022/1925 other 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. The European Commission shall prepare guidelines to promote a harmonised system for charging such fees across Member States.

    Tabled by
    Sophia Kircher
    Group
    EPP
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6
  4. 310 Addition Virginie JoronPfE · IMCO “Where the re-use by such an enterprise, in particular an enterprise established in a third country or controlled from a third country, may expose…” numbered 6a

    6a.Where the re-use by such an enterprise, in particular an enterprise established in a third country or controlled from a third country, may expose high-value or strategically sensitive data to the extraterritorial application of third-country legislation or may have a detrimental effect on the economic security of the Union or a Member State, the public sector body may, in addition to, or instead of imposing higher charges, make the re-use subject to binding conditions preventing onward transfer, re-identification or misuse, or may restrict re-use to the extent necessary and proportionate to this aim.

    Tabled by
    Virginie Joron
    Group
    PfE
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q