Article 32x – Requirements for transfers of non-personal protected data to third countries by re-users
Changes since2 October 2026ST 13886/26, Art 32x
Same wording as in the Council text of 2 October 2026. Every text of this provision
Text as printed
Same wording since 3 September · Changes since the Commission proposal
Article 32x In every text (Article 32x)
Its wording is printed below, under Article 32x, heading, (1), (2), (3), (4), (5), (6) and (7).
Article 32x, heading In every text (Article 32x, heading)
Requirements for transfers of non-personal protected data to third countries by re-users
Article 32x(1) In every text (Article 32x(1))
Where a re-user intends to transfer certain categories of protected data that are non-personal to a third country, it shall inform the public sector body of its intention to transfer such data and the purpose of such transfer at the time of requesting the re-use. In the case of re-use based on the data holder’s permission the re-user shall, where appropriate with the assistance of the public sector body, inform the natural or legal person whose rights and interests may be affected of that intention, purpose and the appropriate safeguards. The public sector body shall not allow the re-use unless the natural or legal person gives permission for the transfer.
Article 32x(2) In every text (Article 32x(2))
Public sector bodies shall transmit non-personal confidential data or data protected by intellectual property rights to a re-user which intends to transfer those data to a third country other than a country designated in accordance with paragraph 5 only if the re-user contractually commits to:
Article 32x(2)(a) In every text (Article 32x(2)(a))
complying with the obligations imposed in accordance with intellectual property rights and Union or national law on commercial or statistical confidentiality even after the data is transferred to the third country;
Article 32x(2)(b) In every text (Article 32x(2)(b))
accepting the jurisdiction of the courts or tribunals of the Member State of the transmitting public sector body with regard to any dispute related to compliance with intellectual property rights and Union or national law on commercial or statistical confidentiality.
Article 32x(3) In every text (Article 32x(3))
The Commission may adopt implementing acts establishing model contractual clauses for complying with the obligations referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
Article 32x(4) In every text (Article 32x(4))
Public sector bodies shall, where relevant and to the extent of their capabilities, provide guidance and assistance to re-users in complying with the obligations referred to in paragraph 2.
Article 32x(5) In every text (Article 32x(5))
Where justified because of the substantial number of requests across the Union concerning the re-use of non- personal data in specific third countries, the Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country:
Article 32x(5)(a) In every text (Article 32x(5)(a))
ensure protection of intellectual property and trade secrets in a way that is essentially equivalent to the protection ensured under Union law;
Article 32x(5)(b) In every text (Article 32x(5)(b))
are being effectively applied and enforced; and
Article 32x(5)(c) In every text (Article 32x(5)(c))
provide effective judicial redress.
Article 32x(6) In every text (Article 32x(6))
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
Article 32x(7) In every text (Article 32x(7))
Specific Union legislative acts may deem certain non-personal data categories held by public sector bodies to be highly sensitive for the purposes of this Article where their transfer to third countries may put at risk Union public policy objectives, such as safety and public health or may lead to the risk of re-identification of non-personal, anonymised data. Where such an act is adopted, the Commission shall adopt delegated acts in accordance with Article 45 supplementing this Regulation by laying down special conditions applicable to the transfers of such data to third countries.
Those special conditions shall be based on the nature of the non-personal data categories identified in the specific Union legislative act and on the grounds for deeming those categories to be highly sensitive, taking into account the risks of re-identification of non-personal, anonymised data. They shall be non-discriminatory and limited to what is necessary to achieve the Union public policy objectives identified in that act, in accordance with the Union’s international obligations.
If required by a specific Union legislative act referred to in the first subparagraph, such special conditions may include terms applicable for the transfer or technical arrangements in this regard, limitations with regard to the re-use of data in third countries or categories of persons entitled to transfer such data to third countries or, in exceptional cases, restrictions with regard to transfers to third countries.
The re-user to whom the right to re-use non-personal data was granted may transfer the data only to those third countries for which the requirements set out in paragraphs 2, 5 and 7 are met.