Article 32c
Amendments as tabled
Twelve amendments, each tabled separately · JURI amendments 69–296 to the draft opinion
200 ~Alternative Emil RadevEPP · JURI “General requirements for voluntary registration of recognised data intermediation services providers”
General requirements for voluntary registration of recognised data intermediation services providers
- Tabled by
- Emil Radev
- Group
- EPP
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 113
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – title
201 −Deletion David CormandGreens/EFA · JURI Deletes the Commission’s wording
(b) the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service;- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 32c(b)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – point b
202 ~Alternative Mario MantovaniECR · JURI “and only in so far as such use adheres to the principle of user control referred to in Article 4(11), including, where applicable, the user’s consent…”
(b) the data they collect with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service, including the date, time and geolocation data, duration of activity and connections to other natural or legal persons established by the person who uses the data intermediation service, are used only for the development of that data intermediation service and only in so far as such use adheres to the principle of user control referred to in Article 4(11), including, where applicable, the user’s consent or explicit request. This provision shall not preclude manufacturers or other relevant economic operators from accessing such metadata for the purposes of fulfilling their legal requirements under Union law;
Justification
Authorising data intermediation service providers to use metadata for the benefit of their own development without providing suitable user controls would contravene the principle of control enshrined in Article 4(11). Only authorising data intermediation service providers to access metadata would undermine the level playing field. SMEs may also need to access metadata to comply with Union requirements such as the General Production Safety Regulation. Clarifying this would prevent legal fragmentation and ensure that SMEs continue to comply with Union legislation.
- Tabled by
- Mario Mantovani
- Group
- ECR
- Targets
- Data Act Article 32c(b)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 114
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – point b
203 ~Alternative David CormandGreens/EFA · JURI “that is legally, organisationally and operationally separate from the data intermediation service provider”
(iii) the value-added services are offered through a functionally separate entity that is legally, organisationally and operationally separate from the data intermediation service provider;
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 32c(d)(iii)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 115
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point d – point iii
204 ~Alternative Laurence FarrengRenew · JURI “from the data intermediation service provider”
(iii) the value-added services are offered through a
functionallylegally, organisationally and operationally separate entity from the data intermediation service provider;- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Data Act Article 32c(d)(iii)
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 115
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point d – point iii
205 ~Alternative Emil RadevEPP · JURI “separate legal person. SMEs/SMCs may offer value-added services through a”
(iii) the value-added services are offered through a separate legal person. SMEs/SMCs may offer value-added services through a functionally separate entity;
Justification
This amendment reverts to the original wording to preserve the independence of data intermediation services. In a highly concentrated cloud market, allowing providers to act as intermediaries may create conflicts of interest. The requirement for a separate legal entity ensures functional separation, transparency and effective oversight, thereby fostering trust and fair competition.
- Tabled by
- Emil Radev
- Group
- EPP
- Targets
- Data Act Article 32c(d)(iii)
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point d – point iii
206 +Addition Arash SaeidiThe Left · JURI “the data intermediation services provider takes necessary technical or organisational measures to ensure that storage of non-personal data can be…”
(ea)the data intermediation services provider takes necessary technical or organisational measures to ensure that storage of non-personal data can be done on the territory of the European Union upon explicit and motivated request of the data explicit request of the data holder or data subject;
- Tabled by
- Arash Saeidi
- Group
- The Left
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 116
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c – paragraph 1 – point e a (new)
207 +Addition David CormandGreens/EFA · JURI “The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both…”
(ea)The data intermediation services provider ensures that the procedure for access to its service is fair, transparent and non-discriminatory for both data subjects and data holders, as well as for data users, including with regard to prices and terms of service.
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 32c
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
208 +Addition David CormandGreens/EFA · JURI “The data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price…”
(eb)The data intermediation service providers shall not use data made available through their services for advertising, profiling, ranking, price discrimination, training of AI systems or any purpose other than putting those data at the disposal of data users in accordance with the instructions of the data holder or data subject.
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 32c
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 117
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
209 +Addition David CormandGreens/EFA · JURI “The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the…”
(ec)The data intermediation services provider takes the necessary technical, organisational measures to ensure an appropriate level of security for the storage, processing and transmission of non-personal data, including by maintaining a log record of the intermediation.
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 32c
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
210 +Addition David CormandGreens/EFA · JURI “The data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking…”
(ed)The data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking access through its data intermediation services.
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 32c
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 118
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c
211 +Addition David CormandGreens/EFA · JURI “The data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data…”
(ee)The data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data intermediation services and, where such data intermediation services ensure the storage of data, shall have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data and, where such data intermediation services are provided between data subjects and data users, to allow data subjects to exercise their rights.
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 32c
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 c