Article 2
Amendments as tabled
15 amendments, each tabled separately · JURI amendments 69–296 to the draft opinion
146 −Deletion Mario MantovaniECR · JURI Deletes the Commission’s wording
(4c) ‘access’ means data use, in accordance with specific technical, legal or organisational requirements, without necessarily implying the transmission or downloading of data;’Justification
The proposed definition runs the risk of seriously undermining the right to access data under the Data Act, as it implies that data can be accessed but not transmitted or downloaded. Data holders could therefore limit access to read-only interfaces and thus prevent users and third parties from processing, storing or combining data, which would contravene a number of provisions and the objectives of the Data Act. In order to guard against this, there should be no definition of ‘access’.
- Tabled by
- Mario Mantovani
- Group
- ECR
- Targets
- Data Act Article 2(4c)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point a / Regulation (EU) 2023/2854 / Article 2 – point 4 c
147 −Deletion Emil RadevEPP · JURI Deletes the Commission’s wording
(4c) ‘access’ means data use, in accordance with specific technical, legal or organisational requirements, without necessarily implying the transmission or downloading of data;- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Data Act Article 2(4c)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 73
- Printed header
- Article 1 – paragraph 1 – point 2 – point a / Regulation (EU) 2023/2854 / Article 2 – point 4 c
149 +Addition Emil RadevEPP · JURI ‘data intermediation service’ means a service which aims to establish commercial relationships for the purposes of data sharing between an…
(4ca) ‘data intermediation service’ means a service which aims to establish commercial relationships for the purposes of data sharing between an undetermined number of data subjects and data holders on the one hand and data users on the other, through technical, legal or other means, including for the purpose of exercising the rights of data subjects in relation to personal data, excluding at least the following:
(a)services that obtain data from data holders and aggregate, enrich or transform the data for the purpose of adding substantial value to it and license the use of the resulting data to data users, without establishing a commercial relationship between data holders and data users;
(b)services that focus on the intermediation of copyright-protected content;
(c)services that are exclusively used by one data holder in order to enable the use of the data held by that data holder, or that are used by multiple legal persons in a closed group, including supplier or customer relationships or collaborations established by contract, in particular those that have as a main objective to ensure the functionalities of objects and devices connected to the Internet of Things;
(d)data sharing services offered by public sector bodies that do not aim to establish commercial relationships;
Justification
The proposed definition implies that access does not necessarily include transmission or downloading, which would undermine effectiveness of the Data Act. There is a contradiction in saying that access does not necessarily implies transmission or download of data. This would allow data holders to limit access to view-only solutions, preventing users from effectively using the data. If this definition of access is not removed, the right of access would remain purely theoretical and ineffective
- Tabled by
- Emil Radev
- Group
- EPP
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point a / Regulation (EU) 2023/2854 / Article 2 – point 4 c a (new)
150 +Addition Emil RadevEPP · JURI “(5) ‘connected product’ means an item that whose primary function is obtaining, generating, or collecting obtains, generates or collects data…” numbered 4cb
(4cb) (5) ‘connected product’ means an item that whose primary function is obtaining, generating, or collecting obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection or on-device access, and excluding any item whose primary function is not the storing, processing or transmission of data other than data concerning its use or environment on behalf of any party other than the user;
Justification
This amendment aims to ensure legal clarity and regulatory consistency by explicitly excluding hardware whose primary function is the processing of regulated financial transactions from the scope of the Regulation. Such hardware is already subject to comprehensive sector-specific requirements under the Union’s financial services framework. Bringing these products simultaneously within the scope of this Regulation would create overlapping and potentially conflicting compliance requirements, resulting in unnecessary administrative burdens and legal uncertainty. The exclusion is therefore necessary to avoid double regulation, maintain a coherent regulatory framework, and preserve the security, stability and resilience of Europe’s payment infrastructure.
- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Data Act Article 2(5)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point a / Regulation (EU) 2023/2854 / Article 2 – point 5
153 +Addition Emil RadevEPP · JURI ‘public emergency’ means an exceptional situation, limited in time, such as a public health emergency, an emergency resulting from natural disasters…
(29)‘public emergency’ means an exceptional situation, limited in time, such as a public health emergency, an emergency resulting from natural disasters, a human-induced major disaster, including a major cybersecurity incident, negatively affecting the population of the Union or the whole or part of a Member State, with a risk of serious and lasting repercussions for living conditions or economic stability, financial stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State and which is determined or officially declared in accordance with the relevant procedures under Union or national law; for the purposes of this Regulation, ‘responding to a public emergency’ refers to immediate actions necessary to address and manage the emergency while it is ongoing, whereas ‘mitigating or supporting the recovery from a public emergency’ refers to immediate actions taken after or once the immediate phase of the emergency has passed, aimed at limiting its consequences and restoring normal conditions within a timely manner;
- Tabled by
- Emil Radev
- Group
- EPP
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point c a (new) / Regulation (EU) 2023/2854 / Article 2 – point 29
154 +Addition Brando BenifeiS&D · JURI ‘public emergency’ means an exceptional situation, limited in time, such as a public health emergency, an emergency resulting from natural disasters…
(29)‘public emergency’ means an exceptional situation, limited in time, such as a public health emergency, an emergency resulting from natural disasters, a human-induced major disaster, including a major cybersecurity incident, negatively affecting the population of the Union or the whole or part of a Member State, with a risk of serious and lasting repercussions for living conditions or economic stability, financial stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State and which is determined or officially declared in accordance with the relevant procedures under Union or national law; for the purposes of this Regulation, ‘responding to a public emergency’ refers to the immediate actions necessary to address and manage the emergency while it is ongoing, whereas ‘supporting the recovery from a public emergency’ refers to actions taken after or once the immediate phase of the emergency has passed, aimed at limiting its consequences and restoring normal conditions;
Justification
This amendment introduces a clearer and harmonised definition of ‘public emergency’ in order to improve legal certainty and avoid divergent interpretations across Member States. It also helps ensure that emergency-related data access mechanisms remain limited to genuinely exceptional and time-bound situations. It also clarifies the distinction between the immediate response phase of a public emergency and broader mitigation or recovery activities.
- Tabled by
- Brando Benifei
- Group
- S&D
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point c a (new) / Regulation (EU) 2023/2854 / Article 2 – point 29
155 ~Alternative Emil RadevEPP · JURI “the following point (38a) is inserted:”
(d) the following
pointspoint (38a)and (38b) areis inserted:- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Data Act Article 2(38a)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 80
- Printed header
- Article 1 – paragraph 1 – point 2 – point d – introductory part / Regulation (EU) 2023/2854 / Article 2 – point 38 a
156 −Deletion Emil RadevEPP · JURI Deletes the Commission’s wording
(38a) ‘data intermediation service’ means a service which aims to establish relationships of an economic character for the purposes of data sharing between an undetermined number of data subjects or data holders and data users, through technical, legal or other means, including for the purpose of exercising the rights of data subjects in relation to personal data, and which: (1) do not have as their main purpose the intermediation of copyright-protected content; (2) are not jointly procured by several legal persons for exclusive use among them;- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Data Act Article 2(38a)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point d / Regulation (EU) 2023/2854 / Article 2 – point 38 a
158 ~Alternative Laurence FarrengRenew · JURI “aggregate, enrich or transform the data for the purpose of adding substantial value to it and license the use of the resulting data to data users…”
(38a)
‘data intermediation service’ means a service which aims to establish relationships of an economic character for the purposes of data sharing between an undetermined number of data subjects or data holders and data users, through technical, legal or other means, including for the purpose of exercising the rights of data subjects in relation to personal data, and which:‘data intermediation service’ means a service which aims to establish commercial relationships for the purposes of data sharing between an undetermined number of data subjects and data holders on the one hand and data users on the other, through technical, legal or other means, including for the purpose of exercising the rights of data subjects in relation to personal data, excluding at least the following: (a) services that obtain data from data holders and aggregate, enrich or transform the data for the purpose of adding substantial value to it and license the use of the resulting data to data users, without establishing a commercial relationship between data holders and data users; (b) services that focus on the intermediation of copyright-protected content; (c) services that are exclusively used by one data holder in order to enable the use of the data held by that data holder, or that are used by multiple legal persons in a closed group, including supplier or customer relationships or collaborations established by contract, in particular those that have as a main objective to ensure the functionalities of objects and devices connected to the Internet of Things; (d) data sharing services offered by public sector bodies that do not aim to establish commercial relationships;- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Data Act Article 2(38a)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point d / Regulation (EU) 2023/2854 / Article 2 – point 38 a
159 −Deletion Laurence FarrengRenew · JURI Deletes the Commission’s wording
(1) do not have as their main purpose the intermediation of copyright-protected content;- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Data Act Article 2(38a)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point d / Regulation (EU) 2023/2854 / Article 2 – point 38 a
160 −Deletion Laurence FarrengRenew · JURI Deletes the Commission’s wording
(2) are not jointly procured by several legal persons for exclusive use among them;- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Data Act Article 2(38a)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 83
- Printed header
- Article 1 – paragraph 1 – point 2 – point d / Regulation (EU) 2023/2854 / Article 2 – point 38 a
161 ~Alternative David CormandGreens/EFA · JURI ‘data altruism’ means the voluntary sharing of data on the basis of the consent of data subjects to process personal data pertaining to them, or of…
(38b) ‘data altruism’ means the voluntary sharing of data on the basis of the consent of data subjects to process personal data pertaining to them, or of permissions of data holders to allow the use of their non-personal data without seeking or receiving a reward that goes beyond fair compensation related to the actual costs that they incur where they make their data available for objectives of general interest as provided for in national law, where applicable, such as healthcare, combating climate change, improving mobility, facilitating the development, production and dissemination of official statistics, improving the provision of public services, public policy making or scientific research purposes in the general interest;
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 2(38b)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point d / Regulation (EU) 2023/2854 / Article 2 – point 38 b
162 +Addition Emil RadevEPP · JURI ‘Data altruism organisation’ means a legal person operating on a not-for-profit basis and independently from any for-profit entity, which carries out… numbered 38ba
(38ba) The following point (38c) is inserted
‘Data altruism organisation’ means a legal person operating on a not-for-profit basis and independently from any for-profit entity, which carries out activities enabling the voluntary sharing and use of personal or non-personal data for objectives of general interest.
Justification
Justification: Due to the loss of certain provisions on data altruism organisations an explicit definition of data altruism organisations is suggested.
- Tabled by
- Emil Radev
- Group
- EPP
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 84
- Printed header
- Article 1 – paragraph 1 – point 2 – point d / Regulation (EU) 2023/2854 / Article 2 – point 38
163 ~Alternative David CormandGreens/EFA · JURI “It also includes research information, such as abstracts, citations, metadata and other information used to understand and assess research”
(50) ‘research data’ means data , other than scientific publications, which are collected or produced in the course of scientific research activities and are used as evidence in the research process, or are commonly accepted in the research community as necessary to validate research findings and results. It also includes research information, such as abstracts, citations, metadata and other information used to understand and assess research;
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 2(50)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 – point e / Regulation (EU) 2023/2854 / Article 2 – point 50
164 ~Alternative Emil RadevEPP · JURI ‘re-use’ means the use by natural or legal persons of data or documents held by:
(51) ‘re-use’ means the use by natural
personsor legalentitiespersons of data or documents held by:- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Data Act Article 2(51)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 85
- Printed header
- Article 1 – paragraph 1 – point 2 – point e / Regulation (EU) 2023/2854 / Article 2 – point 51