Article 49 – Evaluation and review

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

situations to be considered to be situations of public emergency for the purpose of Article 15a of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15a of this Regulation, including the evolution of privacy-enhancing technologies;

the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

By [date = entry into force plus 5 years], the Commission shall carry out an evaluation of chapters VIIa, VIIb and VIIc of this Regulation and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee.

The report shall assess, in particular:

the state of registrations of data intermediation services and the type of services they offer;

the type of data altruism organisations registered and an overview of the objectives of general interests for which data are shared in view of establishing clear criteria in that respect.’

the scope and social and economic impact of Chapter VIIc Section 2 including

the extent of the increase in re-use of public sector documents to which Section 2 of Chapter VIIc applies, especially by SMEs and SMCs;

the impact of the high-value datasets;

the interaction between data protection rules and re-use possibilities;

Member States shall provide the Commission with the Information necessary for the preparation of that report.

On the basis of the reports referred to in paragraphs 1, 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.