Article 11 – Technical protection measures on the unauthorised use or disclosure of data
Changes since3 September 2026ST 12535/26, Art 11
Same wording as in the Council text of 3 September 2026. Every text of this provision
Text as printed
Changes to the law in force · Same wording since 10 June · Changes since the Commission proposal
A data holder may apply appropriate technical protection measures, including encryption, to prevent unauthorised access to data, including metadata, and to ensure compliance with Articles 4, 5, 6, 8 and 9, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not discriminate between data recipients or hinder a user’s right to obtain a copy of, retrieve, use or access data, to provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation adopted in accordance with Union law. Users, third parties and data recipients shall not alter or remove such technical protection measures unless agreed by the data holder.