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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 4

Source
IMCO-PA-789877, page 34 pp. 34–37

Preview the full act as the IMCO draft opinion would amend it

Amendments as tabled

Four amendments, each tabled separately · IMCO draft opinion

  1. 38 Deletion Alex Agius SalibaRapporteur · IMCO Deletes the Commission’s wording

    8. In exceptional circumstances, where the data holder who is a trade secret holder is able to demonstrate that, despite the technical and organisational measures taken by the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious economic damage from the disclosure of trade secrets or that the disclosure of trade secrets to the user poses a high risk of unlawful acquisition, use, or disclosure to third country entities, or entities established in the Union under the direct or indirect control of such entities, which are subject to jurisdictions offering weaker or non-equivalent protection compared to that under Union law, that data holder may refuse on a case-by-case basis a request for access to the specific data in question. That demonstration shall be duly substantiated on the basis of objective elements, such as the enforceability of trade secrets protection in third countries, the nature and level of confidentiality of the data requested, and the uniqueness and novelty of the connected product. It shall be provided in writing to the user without undue delay. Where the data holder refuses to share data pursuant to this paragraph, it shall notify the competent authority designated pursuant to Article 37.;

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 3 / Regulation (EU) 2023/2854 / Article 4 – paragraph 8
  2. 39 Addition Alex Agius SalibaRapporteur · IMCO “The data holder shall not rely on this Article to refuse data access on the basis of generalised assumptions concerning a third country, ownership…” numbered 8a

    8a.The data holder shall not rely on this Article to refuse data access on the basis of generalised assumptions concerning a third country, ownership structure, technology provider, or category of recipient. The data holder shall not engage in any behaviour that undermines effective compliance with the data access obligations under this Regulation regardless of whether that behaviour is of a contractual, commercial or technical nature, or of any other nature, or consists in the use of behavioural techniques or interface design.

    Justification

    Additional safeguard for effective compliance inspired on art 13 para 4 of the Digital Markets Act.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 3 / Regulation (EU) 2023/2854 / Article 4 – paragraph 8 a (new)
  3. 40 Addition Alex Agius SalibaRapporteur · IMCO “Before refusing access under paragraph 8, the data holder shall assess whether the identified risk can be effectively addressed through proportionate…” numbered 8b

    8b.Before refusing access under paragraph 8, the data holder shall assess whether the identified risk can be effectively addressed through proportionate technical, organisational, contractual, or secure-access measures, including access in a secure processing environment, partial access, aggregation, confidentiality commitments, or other safeguards that enable the user to exercise the rights provided for in this Regulation. Refusal shall be used only where such measures would be insufficient to address a duly substantiated and specific risk.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 3 / Regulation (EU) 2023/2854 / Article 4 – paragraph 8 b (new)
  4. 41 Addition Alex Agius SalibaRapporteur · IMCO “The review of the data holder’s refusal to provide data access by the competent authority designated pursuant to Article 37 referred to in paragraph…” numbered 8c

    8c.The review of the data holder’s refusal to provide data access by the competent authority designated pursuant to Article 37 referred to in paragraph 8 shall be available through an expedited procedure which shall not be later than a month in complex cases. The competent authority shall assess the necessity, proportionality, evidence and non-discriminatory nature of the refusal.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 3 / Regulation (EU) 2023/2854 / Article 4 – paragraph 8 c (new)