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Council of the European Union

Brussels, 22 October 2026 (OR. en)

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SIMPL 235 ANTICI 233 DATAPROTECT 345 CYBER 422 TELECOM 498 PROCIV 198 COMPET 1231 MI 1054 CODEC 1945

Interinstitutional File: 2025/0360 (COD)

OUTCOME OF PROCEEDINGS

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 14532/26

No. Cion doc.: 15698/25 + ADD 1

Subject: Proposal for a Regulation amending Regulations (EU) 2016/1679, (EU) 2018/1724, (EU) 2018/1725, (EU) 2023/2854, (EU) 2024/1689 and Directives 2002/58/EC, (EU) 2022/2555 and (EU) 2022/2557 as regards the simplification of the digital legislative framework, and repealing Regulations (EU) 2018/1807, (EU) 2019/1150, (EU) 2022/868, and Directive (EU) 2019/1024 (Digital Omnibus)

- Mandate for negotiations with the European Parliament

Delegations will find in the Annex the text of the mandate for negotiations with the European

Parliament on the above-mentioned file as agreed by the Permanent Representatives Committee at

its meeting on 21 October 2026.

Changes compared to the Commission proposal are marked in bold and deletions in strikethrough.

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ANNEX

2025/0360 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulations (EU) 2016/679, (EU) 2018/1724, (EU) 2018/1725, (EU) 2019/1150, (EU)

2023/2854, (EU) 2022/2554, and (EU) 910/20142023/2854 and Directives 2002/58/EC, (EU)

2022/2555 and (EU) 2022/2557 as regards the simplification of the digital legislative

framework, and repealing Regulations (EU) 2018/1807, (EU) 2019/1150, (EU) 2022/868, and

Directive (EU) 2019/1024 (Digital Omnibus)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16

and 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee1,

Having regard to the opinion of the European Central Bank2,

Having regard to the opinion of the Committee of the Regions3,

Acting in accordance with the ordinary legislative procedure,

Whereas:

1 OJ C […], […], p. […]. 2 OJ C […], […], p. […]. 3 OJ C […], […], p. […].

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(1) In its Communication on a simpler and faster Europe4 , the Commission announced its

commitment to an ambitious programme to promote forward-looking, innovative policies

that strengthen the Union’s competitiveness and radically lighten the regulatory load for

people, businesses and administrations, while maintaining the highest standard in

promoting the Union’s values. Consequently, the Commission prioritised the proposal of

immediate adjustments to legislation, including digital legislation, to address the

competitiveness challenge of the Union.

(2) Union digital legislation sets high standard in the Union and can be a powerful source of

competitive advantage for businesses that abide by the rules, showing a world-leading

mark of quality, safety and trustworthiness. Digital regulations have framed the clear rules

of the game in the Union for responsible businesses, ensuring fairness and transparency in

business-to-business relations, stimulating innovative business models, setting high

standard of consumer protection and safety, and for the protection of fundamental rights,

not least privacy and data protection.

(3) Union digital legislation has evolved incrementally over the past years, in response to the

rapidly growing footprint of digital technologies in the Union’s economy and societal

dynamic, and in view of addressing emerging challenges and promoting business

opportunities in the EU. Notwithstanding the Commission’s commitment to a systematic

‘stress test’ of the digital rules, along with other Union rules, which might lead to further

regulatory adjustments notably following the forthcoming Digital Fitness Check, as well as

other targeted evaluations of digital rules, immediate regulatory changes are necessary.

Consequently, this Regulation proposes a first set of amendments to the digital legislative

framework, aimed at providing immediate regulatory clarifications that stimulate

innovation in the Union market, and that cut administrative compliance costs in particular

for businesses, while also streamlining supervisory and administrative costs for

supervisory authorities and advisory bodies. The amendments also seek to provide clarity

to individuals.

4 Communication from the Commission to the European Parliament, the Council, the

European Economic and Social Committee and the Committee of the Regions, A simpler

and faster Europe: Communication on implementation and simplification, COM(2025)47

final, 11 February 2025

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(4) Given the foundational role of data in driving value-creation in the digital economy, and

pursuant to the objectives of the Communication for a European Data Union Strategy, the

amendments presented in this Regulation to the legislative framework regarding data seek

to build a coherent and cohesive regulatory framework for the availability and use of data,

streamlining and consolidating the data regulatory framework into only two legal acts,

namely Regulations (EU) 2016/6795 and (EU) 2023/28546 of the European Parliament and

of the Council, from currently five different applicable acts. The amendments seek to cut

unnecessary administrative costs and stimulate the availability of data as a prerequisite for

supporting competitive digital businesses in the Union, while maintaining the highest

standard of protections for privacy, personal data protection, and fair business practices,

and ensuring core regulatory objectives, including compliance with EU and national

competition law.

(5) Acknowledging the iterative evolution of horizontal and sector-specific rules, it is

indispensable to address also overlaps in specific provisions that result in unnecessary

duplications of administrative burdens. This is the case in requirements across several rules

for reporting following cybersecurity and related incidents, where digital solutions, as

proposed in this Regulation, can bring an immediate relief to businesses across all

concerned sectors.

(6) Similarly, with the iterative regulation of online platforms over the past years, more recent

rules have established a clearer and more ambitious framework than some of the predating

rules, rendering them obsolete. It is therefore necessary that the legal framework evolves,

eliminating any unnecessary duplications that add legal complexity.

5 REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL of 27 April 2016 on the protection of natural persons with regard to the

processing of personal data and on the free movement of such data, and repealing Directive

95/46/EC (General Data Protection Regulation) 6 REGULATION (EU) 2023/2854 OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL of 13 December 2023 on harmonised rules on fair access to and use of data and

amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)

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(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established

rules for intermediary functions in three different settings: (a) functions that support the re-

use of protected data held by public sector bodies under controlled conditions; (b) data

intermediation services that facilitate data sharing between data subjects, data holders and

data users; and (c) data altruism organisations that support the use of data made available

by data subjects and data holders on an altruistic or philanthropic basis. Functions

supporting the re-use of protected data held by the public sector have a close link with

rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their

interplay has caused confusion namely among public sector bodies. It is thus necessary to

merge the two sets of rules. The evaluation of the rules on data intermediation services has

shown that the definition of data intermediation service providers has weaknesses and that

the rules are overly stringent for service providers to find a sustainable financial model. It

is thus also necessary to streamline the regime. With respect to data altruism, certain rules

of Regulation (EU) 2022/868, notably the obligation on Member States to have national

policies on data altruism in place, the establishment of a ‘rulebook’ and developing a

European data altruism consent form appear unnecessary regulation, also in light of on-

going work by the European Data Protection Board referred to in Article 68 of Regulation

(EU) 2016/679 of the European Parliament and of the Council9 on guidance on the

processing of personal data in the context of scientific research.

7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022

on European data governance and amending Regulation (EU) 2018/1724 (Data Governance

Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj). 8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019

on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI:

http://data.europa.eu/eli/dir/2019/1024/oj). 9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016

on the protection of natural persons with regard to the processing of personal data and on the

free movement of such data, and repealing Directive 95/46/EC (General Data Protection

Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

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(8) While the importance of data intermediation services is recognised in the context of many

initiatives supporting data sharing and collaboration, the rules of Regulation (EU)

2022/868 on data intermediation service providers should be clarified. In particular, the

definition of such providers should be made more precise. It should eliminate elements that

served merely as illustrative examples, rather than exceptions. Moreover, it should address

loopholes resulting from ambiguous formulations, notably as regards the notion of ‘closed

group’. Services should not be eligible to register as data intermediation services where

they are exclusively used by a closed group of companies and where any extension of that

group of companies can only be decided by that group and not the service provider. More

importantly, making this emerging market subject to a compulsory regime has created

unnecessary compliance costs. At this stage of market development, a voluntary regime,

allowing neutral players to distinguish themselves from other players, appears sufficient.

Also, in order to enable sustainable business models, the regime should be made less strict

by abolishing the requirement for a legal separation between data intermediation services

and other value-added services that a data intermediation service provider should be

allowed to offer, replacing it with a functional separation while keeping certain safeguards.

The administrative monitoring regime should be simplified. Instead of national and a

Union public register for data intermediation services providers and data altruism

organisations, there should only be Union public registers, namely one for data

intermediation service providers and another for data altruism organisations. Competent

authorities overseeing the award of the label and the compliance of the entities with the

requirements for obtaining it should be independent in this task. This should be understood

to mean that they are legally and functionally independent from a data intermediation

service or data altruism organisation, including at the level of their top-management. It

should be possible for government organisations to financially support data intermediation

services or data altruism organisations, in particular given the emerging nature of these

entities, provided that they are legally separate entities. In order to ensure that recognised

entities are easily identifiable throughout the Union, the Commission established

Implementing Regulation (EU) 2023/1622 on the design of common logos to identify data

intermediation services providers and data altruism organisations recognised in the Union.

on the design of common logos to identify data intermediation services providers and data

altruism organisations recognised in the Union.

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(9) Regulation (EU) 2023/2854 removes barriers to data access and use, unlocks data-driven

innovation and competitiveness, and safeguards the incentives of those who invest in data

technologies.

(10) Chapter II of Regulation (EU) 2023/2854 requires data holders to make data available,

including data protected as trade secrets, to users and their selected third parties, provided

confidentiality measures established by the data holder are maintained. This requirement of

maintaining confidentiality complements Directive (EU) 2016/943 of the European

Parliament and of the Council 10, which sets the standard for protecting trade secrets within

the Union. However, disclosure of trade secrets to third-country entities may increase risks

to their integrity and confidentiality where there is exposure to jurisdictions with

inadequate protections or difficulties in their actual enforcement, potentially resulting in

unauthorised use, economic damage and legal uncertainty.

(11) It is necessary to strengthen Regulation (EU) 2023/2854 by introducing an additional

ground for data holders to refuse access to data where such access could lead to the

disclosure of trade secrets, supplementing existing provisions which allow refusal based on

the data holder’s demonstration of a high likelihood of serious economic damage. Under

the new provision, data holders may refuse a request to access to datato disclose trade

secrets if they demonstrate a high risk of unlawful acquisition, use, or disclosure to entities

subject to regimes with inadequate protection, non-equivalent, or weaker legal frameworks

than the applicable Union rules. The new provision also covers instances where the third

country legal framework, in theory, is robust or exceeds such Union rules, but lacks

appropriate enforcement in practice. Such risks highlight the possibility that trade secrets

could be acquired, used, or disclosed in violation of Union law, threatening the integrity

and confidentiality of trade secrets.

10 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on

the protection of undisclosed know-how and business information (trade secrets) against

their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

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(12) The activation of the refusal mechanism should remain voluntary, and the demonstration

done only upon its activation. Data holders should not be required to conduct a full-scale

analysis or demonstration of the level of trade secret protection in third countries or by a

third country entity as a precondition to be able to substantiate their refusal to sharing data

or to disclose trade secrets. In their demonstration, data holders may take into

consideration various factors, such as insufficient or inadequate legal standards, poor or

arbitrary enforcement, historical infringements, foreign disclosure obligations conflicting

with Union law, limited legal recourse or remedies for Union entities, the strategic misuse

of procedural tactics to undermine competitors, or undue political influence. Given the

diverse range of entities, third countries, and data sharing scenarios involved, data holders

should focus their assessment and demonstration on pertinent risks and act accordingly,

including by setting appropriate safeguards or activating the refusal mechanism. Refusals

should be clear, and proportionate, and tailored to the specific circumstances of each case,

rather than being applied systematically or in a generalized manner across an entire third

country.

(13) An insufficient protection of trade secrets and the challenges in enforcing them it in third

countries may cause irreparable harm to European businesses. The objective is therefore to

strengthen the safeguards for trade secrets by preventing their leakage to natural or legal

persons that are established in or subject to jurisdictions posing such risks. This includes

Union-based entities controlled by third country entities, who may be acting in bad faith or

as fronts for third country entities. Additionally, the objective is to avert direct exposure to

third country entities operating within the Union, that are subject to such jurisdictions.

Being subject to a third country jurisdiction means the natural or legal person is legally

governed, controlled or otherwise bound by the laws or regulatory authority of a third

country. Subsidiaries or affiliates of third country parent companies may exploit these

jurisdictions to evade or circumvent Union laws. Direct or indirect control refers to the

ability to exercise decisive or dominant influence over another entity’s management or

strategic decisions, whether through ownership of capital or voting rights, financial

participation, contractual arrangements, or intermediary entities. Control may be exercised

directly or through other means, even without majority ownership. Data holders should use

best efforts to obtain the relevant information, which may include searches in public

registers or requesting it from the user or third party directly, while ensuring it remains

appropriately non-intrusive.

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(14) Protecting trade secrets from those vulnerabilities is essential for European

industriesbusinesses to sustain their market position and competitive advantage. While

data holders may exercise discretion in protecting their trade secrets, refusals to share data

should be limited to justified, exceptional circumstances, in order to preserve the objectives

of Regulation (EU) 2023/2854 of fostering data-driven innovation and a thriving digital

economy in the Union. Safeguards against misuse of the refusal mechanism should remain

in place, including the data holder’s obligation to demonstrate in a duly substantiated

manner that disclosure poses a high risk and to notify competent authorities. This

demonstration should be provided in writing without undue delay to the user or third party

and proportionate to the case at hand. All parties involved should treat the decision and

supporting demonstration as confidential in order to uphold the confidential nature of the

trade secrets concerned. Users and third parties, as the case may be, may challenge the data

holder’s decision with the competent authority, in court, or through dispute settlement

bodies.

(14a) To help businesses in understanding the trade secrets ‘handbrake’ mechanism, and

ensuring that it can be an effective tool in preserving the confidentiality of trade

secrets, the Commission should issue guidelines for data holders to apply the

handbrake in practice, giving them necessary legal certainty. In these guidelines, the

Commission should in particular provide guidance on how to assess serious economic

damage and what data holders need to take into account when examining the

enforceability of trade secrets protection in third countries. The guidance should

include an assessment of categories of data that are especially sensitive in critical

sectors and could, when leaked or when their confidentiality is disclosed, be

particularly harmful to the interests of data holders. An example of especially

sensitive categories of data could be industrial manufacturing know-how. Critical

sectors could include, in particular, those listed in Annex I and Annex II, Number 3,

5a, 5d and 5e, of Directive (EU) 2022/2555).

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(15) To simplify the business-to-government data sharing framework under Regulation (EU)

2023/2854 and to clarify ambiguities that previously imposed broader obligations on

businesses, it is necessary to narrow the scope of Chapter V of that Regulation from

‘exceptional need’ to ‘public emergencies’. The concept of ‘public emergencies’, which is

defined under Article 2(29) of Regulation (EU) 2023/2854, thus ensures that the

obligations laid down in that Chapter are invoked only underin well-defined, urgent

situations, which are unforeseeable and limited in time, reducing the technical,

administrative and legal challenges that businessbusinesses faced under the previous

regime. This would ensure that data requests are relevant and proportionate to responding,

mitigating, or supporting the recovery from public emergencies. While ‘responding to’ a

public emergency presupposes an ongoing public emergency, which has been

determined or officially declared in accordance with the relevant procedures under

Union or national law, ‘supporting the recovery from’ a public emergency covers

measures undertaken after the public emergency has been determined or officially

declared over. The third alternative of ‘mitigating’ a public emergency under

Regulation (EU) 2023/2854 should be deleted because it is already covered by the

notion of ‘responding to’ public emergencies. Given that the scope of Chapter V is

narrowed substantially and to simplify the request mechanism, a body requesting

data to ‘support the recovery from’ a public emergency should not be obligated

anymore to exhaust all other means at its disposal to obtain such data before

launching the request, such as purchasing the non-personal data on the market by

offering market rates. Instead, it should be sufficient that the requesting body was

unable to otherwise obtain the data in a timely and effective manner and under

equivalent conditions. Since the updated Union framework on European statistics under

Regulation (EC) No 223/2009 of the European Parliament and of the Council11 does not

address public emergencies, it is essential to preserve the role of official statistics under

Chapter V of Regulation (EU) 2023/2854 to ensure clarity and effectiveness in such

11 Regulation (EC) No 223/2009No 223/2009No 223/2009 of the European Parliament and of

the Council of 11 March 2009 on European statistics and repealing Regulation (EC,

Euratom) No 1101/2008No 1101/2008No 1101/2008 of the European Parliament and of the

Council on the transmission of data subject to statistical confidentiality to the Statistical

Office of the European Communities, Council Regulation (EC)

No 322/97No 322/97No 322/97 on Community Statistics, and Council Decision

89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the

European Communities (OJ L 87, 31.3.2009, p. 164, ELI:

http://data.europa.eu/eli/reg/2009/223/oj).

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situationswhen the production of official statistics is required to respond to or support

the recovery from a public emergency. It is also necessary to clarify the compensation

regime for situations where microenterprises and small enterprises are required to provide

data to addressrespond to a public emergency, in which case such enterprises are allowed

to claim compensation.

(16) In order to mitigate legal uncertainties that could discourage innovative business models, it

is necessary to address the substantial compliance ambiguities and burdens associated with

the provisions on smart contracts executing data sharing agreements under Article 36 of

Regulation (EU) 2023/2854. The absence of harmonised standards and clear definitions for

key concepts such as ‘robustness’, ‘access control’, and ‘consistency with contractual

terms’, combined with the requirement for a ‘safe termination or interruption mechanism’

potentially incompatible with decentralised or public blockchain architectures built on

immutable ledgers, posed challenges to innovators from a cost and opportunity

perspective. Additionally, the ambiguity surrounding the performance of the conformity

assessment under Article 36(2) of that Regulation risks imposing disproportionate burdens.

The elimination of Article 36 of Regulation (EU) 2023/2854 would therefore promote the

development and market introduction of new business models, foster innovation, and

reduce barriers for emerging technologies.

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(17) Certain data processing services, which do not fall within the Infrastructure as a Service

(IaaS) delivery model, are custom-made to the needs or ecosystem of a customer. The

provision of such data processing services is based on time-intensive pre-contractual and

contractual negotiations to determine the specific requirements of the customer and

subsequent technical efforts to customise the data processing service and to deliver a

tailored solution. Those are services not provided off-the-shelf and are personalised to the

needs of a customer to provide a tailored solution where the majority of features and

functionalities of the data processing service has been adapted by the provider to the

specific needs of the customer where the majority of features and functionalities would not

be usable for a customer without prior adaptation by the provider. Those services differ

from custom-built data processing services referred to in Article 31(1) of Regulation (EU)

2023/2854. Custom-built data processing services are services of which the majority of

main features has been custom-built to accommodate the specific needs of an individual

customer or where those data processing services are not offered at broad commercial scale

via the service catalogue of the provider. To avoid additional costs and administrative

burden connected to the need to reopen and renegotiate contracts concluded before or on

12 September 2025, it is necessary to clarify that, with the exception of the obligation to

reduce and ultimately remove switching and egress charges, custom-made services

provided according to contracts concluded before or on 12 September 2025 should not fall

within scope of Chapter VI of Regulation (EU) 2023/2854.

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(18) For reasons relating to financial planning and attracting investment, providers of data

processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed

duration. It is necessary to clarify that providers of data processing services may include

provisions on proportionate early termination penalties in those contracts as long as they

do not constitute an obstacle to switching. In addition, providers of data processing

services that are SMEs or SMCs are particularly burdened by the need to align existing

contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is

therefore necessary to establish a specific regime for those providers if they provide data

processing services, other than IaaS, based on contracts concluded before or on 12

September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable

switching between data processing services and given that switching charges, including

egress charges, constitute a serious obstacle to switching, the new lighter regimes for data

processing services that are custom-made or are provided by SMEs or SMCs should not

undermine the gradual withdrawal of those charges. Contractual provisions running

contrary to that objective should be considered to never have existed, if they are included

in contractual agreements on the provision of services falling within the scope of those two

new specific regimes.

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(19) Regulation (EU) 2018/1807 of the European Parliament and of the Council12 introduced a

key principle for supporting the data-driven economy within the Union, underpinning in

concrete terms the freedom of establishment and freedom to provide a service. ‘Free flow

of data’ inwithin the Union, clarified through the prohibition to impose data localisation,

remains a fundamental principle, providing legal certainty to businesses, and should be

retained in Regulation (EU) 2023/2854. The Commission should continue monitoring

deviations from this principle. The provision does not affect the data processing in so far

as it is carried out as part of an activity which falls outside the scope of Union law, in

particular as regards national security, in accordance with Article 4 of the Treaty on

European Union. At the same time, other provisions of Regulation (EU) 2018/1807 are

superseded by more recent rules. Notably, Chapter VI of Regulation (EU) 2023/2854

introduced a modern horizontal legal framework addressing switching between data

processing services and rendered Article 6 of Regulation (EU) 2018/1807 practically

obsolete. The co-existence of those provisions has increased legal complexity for

businesses. Therefore, Regulation (EU) 2018/1807 should be repealed.

(20) The concept of ‘public security’, within the meaning of Article 52 TFEU and as interpreted

by the Court of Justice, covers both the internal and external security of a Member State, as

well as issues of public safety, in order, in particular, to facilitate the investigation,

detection and prosecution of criminal offences. It presupposes the existence of a genuine

and sufficiently serious threat affecting one of the fundamental interests of society, such as

a threat to the functioning of institutions and essential public services and the survival of

the population, as well as the risk of a serious disturbance to foreign relations or the

peaceful coexistence of nations, or a risk to military interests. In compliance with the

principle of proportionality, data localisation requirements that are justified on grounds of

public security should be suitable for attaining the objective pursued, and should not go

beyond what is necessary to attain that objective.

12 Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November

2018 on a framework for the free flow of non-personal data in the European Union (OJ L

303, 28.11.2018, p. 59, ELI: http://data.europa.eu/eli/reg/2018/1807/oj).

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(21) Both Directive (EU) 2019/1024 and Chapter II of Regulation (EU) 2022/868 regulate the

re-use of public sector information for innovation purposes. The interplay of the two sets

of rules has created legal uncertainty, mainly for public sector bodies. An alignment of the

rules in one legal instrument is therefore necessary to bring further legal coherence and

certainty.

(22) Since both Directive (EU) 2019/1024 and Regulation (EU) 2022/868 share the goal of

enhancing the re-use of public sector information, and innin order to simplify rules from

the perspective of both public sector bodies and of re-users of public sector information, it

is rational to repeal Directive (EU) 2019/1024 and Regulation (EU) 2022/868, and align

the two regimes and consolidate the rules in a single Chapter under this Regulation (EU)

2023/2854. This solution will increase harmonisation of those rules across the Union,

reduce the administrative burden associated with interpreting and implementing national

legislation and make it easier for businesses to develop cross-border services and products.

When designating competent bodies, Member States should ensure that even where sector-

specific competent bodies are designated, all relevant sectors are ultimately covered. The

amendments in this Regulation should be understood not to alter the interpretation of the

different definition and terms, unless clearly specified. However, the consolidation

respects and allows to maintain national organisational specificities to ensure

flexibility for national, regional and local administrations. To this end, the minimum

harmonisation for data and documents in scope of Section II of Chapter VIIc should

ensure that Member States are able to adopt policies, practical arrangements and

rules that exceed the minimum standards laid down for such data and documents,

thus allowing for more extensive re-use.

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(22a) It should be recalled that the intellectual property rights of third parties are not

affected by Chapter VIIc. The term ‘intellectual property rights’ refers to copyright

and related rights, including sui generis forms of protection, and to industrial

property rights, such as patents and registered designs and trademarks. Chapter VIIc

Section 2 does not apply to data and documents covered by intellectual property

rights of third parties, including industrial property rights such as patents and

registered designs and trade marks. Chapter VIIc Section 3 applies to data protected

on the ground of intellectual property rights of third parties, including on the

grounds of industrial property rights. Provisions of Chapter VIIc Section 3 of

Regulation (EU) 2023/2854 oblige public sector bodies to ensure that re-use does not

affect the protected nature of those data.

(23) Data and documents, which can be made publicly available for reuse, and data and

documents, which are protected on the grounds of commercial confidentiality, including

business, professional and company secrets, statistical confidentiality, the protection of

intellectual property rights of third parties or the protection of personal data, are often held

by the same public sector bodies. Therefore, it is necessary to align definitions and

common principles applying to all public sector information and to address questions

regarding the interplay of the two sets of rules.

(24) The existing rules should be streamlined to enhance clarity and consistency. Nevertheless,

the two reuse regimes should remain distinct and their respective scope of application

should continue to depend on the characteristics of the data or documents and the context

of their reuse. Public sector bodies should apply the open data regime whenever possible.

Only where they determine that data or a document contains information corresponding to

certain categories of protected data, should they limit its public availability and consider

making it available for reuse as protected data.

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(24a) The consolidation of the rules should in particular maintain the principle that the

rules under Section 3 of Chapter VIIc should not create an obligation to allow the re-

use of certain categories of protected data held by public sector bodies. In particular,

Member States should therefore be able to decide whether such protected data is

made accessible for re-use, also in terms of the purposes and scope of such access. The

rules under Chapter VIIc Section 3 should complement and be without prejudice to

more specific obligations on public sector bodies to allow re-use of protected data laid

down in sector-specific Union or national law. Public access to official documents may

be considered to be in the public interest. Taking into account the role of public

access to official documents and transparency in a democratic society, Chapter VIIc

of Regulation (EU) 2023/2854 should also be without prejudice to Union or national

law on granting access to and disclosing official documents. Access to official

documents may in particular be granted in accordance with national law without

imposing specific conditions or by imposing specific conditions that are not provided

by Chapter VIIc Section 3 of Regulation (EU) 2023/2854.

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The re-use regime provided for under Section 3 of Chapter VIIc should apply to

protected data the supply of which forms part of the public tasks of the public sector

bodies concerned under law or other binding rules in the Member States. In the

absence of such rules, the public tasks should be defined in accordance with common

administrative practice in the Member States, provided that the scope of the public

tasks is transparent and subject to review. The public tasks could be defined

generally or on a case-by-case basis for individual public sector bodies. The protected

data held by public undertakings should not be covered by Chapter VIIc Section 3 of

Regulation (EU) 2023/2854. Protected data held by cultural establishments, such as

libraries, archives and museums as well as orchestras, operas, ballets and theatres,

and by educational establishments should not be covered by the rules under Section 3

of Chapter VIIc, since the works and other documents they hold are predominantly

covered by third party intellectual property rights. Research-performing

organisations and research-funding organisations could also be organised as public

sector bodies or bodies governed by public law. The rules relating to protected data

should apply to such hybrid organisations only in their capacity as research-

performing organisations. If a research-performing organisation holds protected data

as a part of a specific public-private association with private sector organisations or

other public sector bodies, bodies governed by public law or hybrid research-

performing organisations, i.e. organised as either public sector bodies or public

undertakings, with the main purpose of pursuing research, those protected data

should also not be covered by the rules governing the re-use of protected data. Where

relevant, Member States should be able to apply the rules on protected data under

Section 3 Chapter VIIc to public undertakings or private undertakings that exercise

public sector duties or provide services of general interest. The exchange of protected

data, purely in pursuit of their public tasks, among public sector bodies in the Union

or between public sector bodies in the Union and public sector bodies in third

countries or international organisations, as well as the exchange of protected data

between researchers for non-commercial scientific research purposes, should not be

subject to the provisions concerning the re-use of certain categories of protected data

held by public sector bodies.

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(24b) Member States should establish a single information point as an interface for re-users

seeking to re-use specific categories of protected data held by public sector bodies.

The single information point should have a cross-sector remit, complement sectoral

arrangements where necessary, and may rely on automated means to transmit

enquiries or requests for re-use, subject to appropriate human oversight. Existing

arrangements, such as open data portals, may be used for that purpose. It should

maintain an asset list providing an overview of available data resources, including,

where relevant, data resources accessible through sectoral, regional or local

information points, together with relevant descriptive information. Member States

should also designate, establish or facilitate the establishment of one or more

competent bodies to support public sector bodies in enabling the re-use of protected

data. Such bodies may, where provided for under Union or national sectoral law,

grant access to data. They should assist public sector bodies by providing expertise on

state-of-the-art techniques for structuring, storing and making data accessible,

including through application programming interfaces, and for ensuring

interoperability, transferability and searchability. They should also support the use of

best practices, applicable regulatory and technical standards, and secure processing

environments that enable data analysis while preserving privacy, confidentiality and

other protected interests. Competent bodies should act in accordance with the

instructions of the public sector body concerned. They may also support data subjects

and data holders in managing consent or permissions for re-use, including for

scientific research conducted in accordance with recognised ethical standards.

Without prejudice to the powers of data protection authorities, any processing of

personal data should remain under the responsibility of the public sector body

responsible for the relevant register, which remains the controller within the meaning

of Regulation (EU) 2016/679. Member States should be able to designate one or more

competent bodies, including internal services of public sector bodies. A competent

body may assist other public sector bodies in enabling re-use of data or may itself

enable such re-use. Assistance may include providing guidance on compliance with

the rules relating to re-use of protected data, including on secure processing

environments and technical measures to ensure privacy and confidentiality. Where

competent bodies grant or refuse access for the re-use Articles 32k, 32w, 32x, 32y and

32ab should apply to those competent bodies.

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(25) Start-ups, small enterprises and enterprises that qualify as medium-sized enterprises under

Articlepoint 2 of the Annex to Commission Recommendation 2003/361/EC13 and

enterprises from sectors with less-developed digital capabilities struggle to re-use data and

documents. At the same time a few very large entities have emerged with considerable

economic power in the digital economy through the accumulation and aggregation of vast

volumes of data and the technological infrastructure for monetising them. Those very large

enterprises include undertakings that provide core platform services and are designated as

gatekeepers under Regulation (EU) 2022/1925 of the European Parliament and of the

Council14 and subject to special obligations to address the imbalances. To address those

imbalances and strengthen competition and innovation, public sector bodies should be able

to introduce special conditions in licences pertaining to the re-use of data and documents

by very large enterprises. Member States may further specify the criteria for what

constitutes a very large enterprise for the purpose of Regulation (EU) 2023/2854. Any

such conditions should be proportionate, be based on objective criteria, taking into

consideration the economic power, the entity’s ability to acquire data or the designation as

a gatekeeper under Regulation €(EU) 2022/1925, other such criteria, where appropriate.

Such special conditions may, inter alia, pertain to the charges and fees or the purposes of

re-use.

13 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and

medium-sized enterprises (OJ L 124, 20.5.2003, p. 36, ELI:

http://data.europa.eu/eli/reco/2003/361/oj). 14 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September

2022 on contestable and fair markets in the digital sector and amending Directives (EU)

2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1, ELI:

http://data.europa.eu/eli/reg/2022/1925/oj).

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(26) In the spirit of fostering innovation and maintaining fair competition within the Union’s

digital market, it is imperative to ensure that access to and reuse of public sector

datainformation benefit a wide range of market participants and do not inadvertently

reinforce existing dominant positions. Very large enterprises, and in particular

undertakings designated as gatekeepers under Regulation (EU) 2022/1925, hold significant

power and influence over the internal market. To prevent such entities from leveraging

their substantial means to the detriment of fair competition and innovation, public sector

bodies should be able to set out higher charges and fees for the re-use of public sector

open government data and protected data. Such higher charges and fees should be

proportionate and should be based on objective criteria, taking into consideration the

economic power and the entity’s ability to acquire data. This measure serves to safeguard

opportunities for smaller businesses and new market entrants to innovate and compete in

the digital economy.

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(26a) While Member State are required to designate one or more competent authorities to

be responsible for the application and enforcement of Regulation (EU) 2023/2854

(competent authorities), uncertainty persists about the role of supervisory authorities

responsible for monitoring and enforcement of Regulation (EU) 2016/679 and

Regulation (EU) 2018/1725 under Regulation (EU) 2023/2854. Regulation (EU)

2023/2854 recalls that Regulation (EU) 2016/679 applies to the processing of personal

data by private and public authorities of the Member States and Regulation (EU)

2018/1725 applies to the processing of personal data by all Union institutions and

bodies when these organisations are data holders, data users or third parties under

this regulation. It further stipulates that the powers and competences of supervisory

authorities under Regulation (EU) 2016/679 and (EU) 2017/1725 remain unaffected

by Regulation (EU) 2023/2854. In addition, the current rules of Regulation (EU)

2023/2854 state that these authorities are responsible for monitoring the application

of Regulation (EU) 2023/2854 insofar as the protection of personal data is concerned

and impose fines for the infringement of this regulation. To clarify the role and

responsibilities of the supervisory authorities responsible for monitoring and

enforcing Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 when personal

data are processed pursuant to this regulation and to increase legal certainty, it is

necessary to amend Regulation (EU) 2023/2854 by clarifying that the supervisory

authorities responsible for monitoring the application of Regulation (EU) 2016/679

should be responsible for monitoring the application of Regulation (EU) 2023/2854

insofar as the protection of personal data is concerned. As a consequence of this

clarification, Articles 40(4) and (5) of that Regulation should be deleted.

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(26b) The European Data Innovation Board’s character as a consultative body as regards

the implementation and the enforcement of the Data Act should be maintained.

However, its structure should be simplified and should allow for more strategic

discussions. Notwithstanding these changes, the Board should continue to serve as a

forum to develop consistent practice of competent authorities in the enforcement of

Chapters II, III, V and VII, VIIa and VIIc. To this end, technical exchanges relating

to best practices and dialogue between national enforcement bodies, including

information sharing shall continue to be possible in various subgroups. These

subgroups should also be able to discuss matters relating to the newly added

Chapters VIIa and VIIc. The European Data Innovation Board should also be

consulted on guidelines the Commission may issue to support the sectorial

implementation of the Data Act.

(26c) The special provision of the Data Act on the right to lodge a complaint and the right

to an effective judicial remedy should not apply to Chapters VIIb and VIIc. It is

clarified that this is without prejudice to any rights or obligations stemming from the

Charter of Fundamental Rights.

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(27) This Regulation proposes a series of targeted amendments to Regulation (EU) 2016/679

for clarification and simplification, whilst preserving the same level of data protection.

Article 4 of Regulation (EU) 2016/679 provides that personal data is any information

relating to an identified or identifiable natural person. In order to determine whether a

natural person is identifiable, account should be taken of all the means reasonably likely to

be used to identify the natural person directly or indirectly. Taking into account the case-

law of the Court of Justice of the European Union concerning the definition of personal

data, it is necessary to provide further clarity on when a natural person should be

considered to be identifiable. The existence of additional information enabling the data

subject to be identified does not, in itself, mean that pseudonymised data must be regarded

as constituting, in all cases and for every person or entity, personal data for the purposes of

the application of Regulation (EU) 2016/679. In particular, it should be clarified that

information is not to be considered personal data for a given entity where that entity does

not have means reasonably likely to be used to identify the natural person to whom the

information relates. A potential subsequent transmission of that information to third parties

who have means reasonably allowing them to identify the natural person to whom the

information relates, such as cross-checking with other data at their disposal, renders that

information personal data only for those third parties who have such means at their

disposal. An entity for which the information is not personal data, in principle, does not fall

within the scope of application of Regulation (EU) 2016/679. In this respect the Court of

Justice of the European Union has held that a means of identifying the data subject is not

reasonably likely to be used where the risk of identification appears in reality to be

insignificant, in that the identification of that data subject is prohibited by law or

impossible in practice, for example because it would involve a disproportionate effort in

terms of time, cost and labour. An example of a prohibition against reidentification can be

found in the obligations of health data users in Article 61(3) of Regulation (EU) 2025/327

of the European Parliament and of the Council15. The Commission, together with the

European Data Protection Board, should support controllers in the application of this

updated definition by stipulating technical criteria in an implementing act.

15 Regulation (EU) 2025/327 of the European Parliament and of the Council of 11 February

2025 on the European Health Data Space and amending Directive 2011/24/EU and

Regulation (EU) 2024/2847 (OJ L, 2025/327, 5.3.2025, ELI:

http://data.europa.eu/eli/reg/2025/327/oj)

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(27a) Pseudonymisation is one of the possible measures within the meaning of Article 25

and Article 32 of Regulation (EU) 2016/679 and does not necessarily have to be

applied in all cases. Controllers and processors should remain free to use other

equally effective or more effective technical and organisational measures capable of

achieving the substantive confidentiality, integrity and data-protection outcomes

required by this Regulation. Whether pseudonymisation is appropriate, should be

assessed on a case-by-case basis and depends on the context, the nature of the

personal data and the existence of other appropriate technical and organisational

measures. It is important that pseudonymised data remains subject to appropriate

security measures, taking into account the circumstances of a particular processing,

in order to protect from the risk of loss, theft or unauthorised disclosure. The

effective application of pseudonymisation may also be clarified for controllers and

processors through the approval of specific codes of conduct in accordance with

Article 40 of Regulation (EU) 2016/679, taking account of the specific characteristics

of the processing carried out in certain sectors and the specific needs of micro, small

and medium enterprises. It is important that Member States, supervisory authorities,

the Board and the Commission support and encourage the drawing up of such code of

conducts with regard to the pseudonymisation of personal data. Apart from

pseudonymisation, other privacy-enhancing technologies could be applied as

appropriate.

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(27b) In light of the interpretation provided in the case law of the Court of Justice of the

European Union, it is important to provide further clarity on when a natural person

should be considered to be identifiable following the application of pseudonymisation

to personal data and the transmission to a third party, as well as when such a third

party further discloses, transmits or otherwise makes such data available to another

third party. Pseudonymisation may, depending on the circumstances of the case,

effectively prevent persons other than the controller from identifying the data subject

in such a way that, for them, the data subject is not or is no longer identifiable.

In order to determine whether a natural person is identifiable, account should be

taken of all the means reasonably likely to be used to identify the natural person

directly or indirectly, such as singling out or online identifiers. A third party who

processes the pseudonymised data should not be considered to have access to such

means, if the likelihood of identification appears in reality to be insignificant, because

it would be impossible to do or would involve disproportionate effort in terms of time,

cost and labour, or because of a legal prohibition. The identifiability of a natural

person should be assessed considering the actual technical and organisational

measures, and based on objective factors, including legal obligations and prohibitions

by law applicable to the third party. These factors may also include the state of the

art of the techniques used to pseudonymise the data, the properties of the data itself,

and the cost and time needed for the third party to obtain such additional

information. It is important to recall that, for a controller applying pseudonymisation

or a processor processing on behalf of the controller, the data subject remains

identifiable and therefore Regulation (EU) 2016/670 applies. Data may become

‘personal’ where they are put at the disposal of other persons who have means

reasonably likely to enable the data subject to be identified. This applies to both the

party that transmits this data and the third party that subsequently processes this

data. Whether means are reasonably likely to be used will depend on the relevant

circumstances, which include the specific nature and context of the processing such as

who has access to or control over the data, whether the data is being transmitted from

one party to another, the relationship between those parties, and whether a receiver

of the data might process it on behalf of another party.

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(27c) The European Data Protection Board should ensure consistency and support

organisations by adopting an opinion on pseudonymisation and anonymisation,

assessing and specifying the state of the art of available techniques, as well as the

technical and organisational measures and criteria to apply pseudonymisation and

anonymisation to personal data effectively and by clarifying circumstances whether

and when the application of pseudonymisation to personal data may effectively

prevent persons other than the controller from identifying the data subject in such a

way that, for them, the data subject is not or is no longer identifiable. The opinion

should also address the processing to be undertaken and other measures to be applied

in order to effectively render personal data anonymous. It is important that the

Board carries out a public consultation with relevant stakeholders prior to issuing its

opinion. While controllers remain fully responsible to determine and demonstrate

whether pseudonymised data do not lead to re-identification of data subjects by

persons other than the controller, the opinion should support and provide guidance to

organisations regarding the effective application of pseudonymisation to personal

data.

(28) In order to assess whether scientific research meetsactivities meet the conditions of

scientific research for the purpose of this Regulation (EU) 2016/679, account can be taken

of elements such as the purpose of the research, the methodological and systematic

approach and ethical standards applied in the specific area while conducting the

research, and adherence to the principles of transparency, reliability, accountability,

oversight, verifiability, and rules for in the specific area. research integrity.

Transparency could, among other things, involve making research results publicly

available with due regard to legitimate limitations to access such as protection of

intellectual property and trade secrets. Scientific research activitiesand technology

development should be conducted autonomously and independently, free from undue

pressure and contribute to the growth of society's general knowledge and wellbeing.

This does not exclude that the outcome of scientific research activities may also aim to

further commercial or private interests.

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It is important that processing for scientific research activities prevent individuals

from being subjected to harm or other adverse effects due to their participation in

scientific research and respect, amongst others, human autonomy and, to the extent

necessary, the notion of consent to participate in research should be used as a

safeguard and is to be considered distinctively from consent under Regulation (EU)

2016/679. Scientific research can, amongst others, be part of and support innovation,

such as technology or medical development. The fact that scientific research activities

are to be conducted autonomously and independently does not exclude that such

activities can be mandated and conducted by public authorities or private entities,

including small and medium sized undertakings, in academic, industry and other

settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and . The

outcome of scientific research may be applied for public interest, private or

commercial purposes.

The qualification of processing as being carried out for scientific research purposes

should be always of a of high qualityassessed and substantiated by the controller on a

case-by-case basis, considering the objective characteristics of the research activity,

and should adhere to the principles of principles of reliability, honesty, respect and

accountability (verifiability not undermine the obligation to apply appropriate

safeguards as provided for in Article 89 of Regulation (EU) 2016/679.

(29) It should be reiterated that further processing for archiving purposes in the public interest,

scientific or historical research purposes or statistical purposes should be considered to be

compatible lawful processing operations. In such cases it is notshould not be necessary to

ascertain on the basis of Article 6(4) of this Regulation (EU) 2016/679 whether the

purpose of the further processing is compatible with the purpose for which the personal

data are initially collected. Such further processing should be considered compatible,

and should be carried out in compliance with the principles and appropriate

safeguards laid down in Regulation (EU) 2016/679, in particular Article 89.

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(30) Trustworthy AI is key in providing for economic growth and supporting innovation with

socially beneficial outcomes. The development and use of AI systems and the underlying

models such as large language models and generative video models rely on data, including

personal data, in various phases in the AI lifecycle, such as the training, testing and

validation phase and may in some instances be retained in the AI system or the AI model.

The processing of personal data in this context may therefore be carried out for purposes of

a legitimate interest within the meaning of Article 6 of Regulation (EU) 2016/679, where

appropriate. This does not affect the obligation of the controller to ensure that the

development or use (deployment) of AI in a specific context or for specific purposes

complies with other Union or national law, or to ensure compliance where its use is

explicitly prohibited by law. It also does not affect its obligation to ensure that all other

conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements

and principles of that Regulation are met.

(31) When the controller, in the light of the risk-based approach which informs the scalability

of the obligations under this Regulation, is balancing the legitimate interest pursued by the

controller or a third party and the interests, rights and freedoms of the data subject,

consideration should be given to whether the interest pursued by the controller is beneficial

for the data subject and society at large, which may for instance be the case where the

processing of personal data is necessary for detecting and removing bias, thereby

protecting data subjects from discrimination, or where the processing of personal data is

aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve

accessibility to certain services. Consideration should also, among others, be given to

reasonable expectations of the data subject based on their relationship with the controller,

appropriate safeguards to minimise the impact on data subjects’ rights such as providing

enhanced transparency to data subjects, providing an unconditional right to object to the

processing of their personal data, respecting technical indications embedded in a service

limiting the use of data for AI development by third parties, the use of other state of the art

privacy preserving techniques for AI training and appropriate technical measures to

effectively minimise risks resulting, for example, from regurgitation, data leakage and

other intended or foreseeable actions.

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(32) The processing of personal data for scientific research purposes and the application of the

GDPR’s provisions on scientific research are conditional on the adoption of appropriate

safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR.

To that end, the GDPR balances the right to protection of personal data, pursuant to Article

8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of

personal data for the purpose of scientific research therefore pursues acan follow public

interest within the meaning of Article 6(1)(e) of Regulation (EU) 2016/679 or be based

on Member States and Union law. The processing of personal data for the purpose of

scientific research may also be necessary for the purposes of the legitimate

interestinterests pursued by a controller or by a third-party within the meaning of

Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to

Union or Member State law. This is without prejudice to the obligation of the controller to

ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as

all other requirements and principles of that Regulation are met.

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(33) The development of certain AI systems and AI models may involve the collection of large

amounts of data, includingwhich can include personal data and special categories thereof.

Special categories of personal data may incidentally and residually exist in the training,

testing or validation data sets or be retained in the AI system or the AI model, although the

special categories of personal data are not necessary for the purpose of the processing. and

the controller did not intend to process such personal data and has taken the

appropriate technical and organisational measures to avoid such processing, such as

the filtering out of special categories of personal data at the collection stage.

In order not to disproportionately hinder the development and operation of AI and taking

into account the capabilities of the controller to identify and removeerase special

categories of personal data, including technical capabilities, derogating from the

prohibition on processing special categories of personal data under Article 9(2) of

Regulation (EU) 2016/679 should be allowedlimited to incidental and residual

processing of special categories of data in the context of the development and

technical operation of AI systems or AI models. The derogation should not be

understood as covering the processing of special categories of personal data directly

acquired by or provided to the AI system or AI model in the course of the

deployment. The derogation should only apply where the controller has implemented

appropriate technical and organisational measures in an effective manner to avoid the

processing of those data, takes the appropriate measures duringthroughout the entire

lifecycle, that is to say during the development and operation, of an AI system or AI

model and, once it identifies such data, effectively remove them. If removalerase them. If

erasure would prove technically impossible or require manifestly disproportionate

effort, notably where the removalerasure of special categories of data memorised in the AI

system or AI model would require re-engineering the AI system or AI model, or would be

technically impossible, the controller should effectively protect such data from being

further processed or processed for other purposes, in particular being used to infer

outputs, being disclosed or otherwise made available to third parties. In line with the

accountability principle, the controller should document its assessment and have

processes in place to monitor and demonstrate the effectiveness of these measures.

This derogation should not apply where the processing of special categories of personal

data is necessary for the purpose of the processing for example if special categories of

personal data relating to a natural person’s voice, image or other personal

characteristics are used in a way that goes beyond incidental or residual existence. In

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this case, the controller should rely on the derogations pursuant to Article 9(2)(a) – (j) of

Regulation (EU) 2016/679 or on other Union law, such as Regulation (EU) 2024/1689

regarding the processing of special categories of personal data for the purpose of

ensuring bias detection and correction. The notion of AI system and AI model should

be understood in the same manner as in Regulation (EU) 2024/1689.

(33a) The processing of personal data in the context of the development and operation of an

AI system or of an AI model, may be carried out for a legitimate interest of the

controller concerned in accordance with Article 6(1)(f) of Regulation 2016/679, where

appropriate, except where such interests are overridden by the interests, or

fundamental rights and freedoms of the data subject which require protection of

personal data, in particular where the data subject is a child, or where other Union or

national laws explicitly require consent. This does not affect the obligation of the

controller to choose an appropriate lawful ground of processing set out in Article 6 of

Regulation (EU) 2016/679, such as Article 6(1)(e) with regard to processing by public

authorities. It is recalled that Article 6(1)(e) may be regarded as a lawful ground of

processing where a public authority develops, including training, or operates an AI

system or an AI model used in the performance of a task carried out in a public

interest or in the exercise of official authority. Regardless of the lawful ground of

processing, any such processing should be subject to appropriate organisational,

technical measures and safeguards for the rights and freedoms of the data subject,

such as respect data minimisation during the stage of selection of sources, and to

protect against non-disclosure of residually retained data in the AI system or AI

model. Other provisions of this Regulation remain unaffected by the fact that a

controller relies on this legal basis. It is important to clarify that the development and

operation of an AI system or AI model does not in itself constitute a legitimate

interest, and the applicability of Article 6(1)(f) to processing in the context of AI is to

be assessed on a case-by-case basis, taking into account the underlying purpose of

that processing.

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(34) Processing of biometric data, as defined in Article 4(14) of Regulation (EU) 2016/679,

means processing of certain characteristics of a natural person through a specific technical

means and which allows or confirms the unique identification of that person. The

notionProcessing of biometric data includescould be carried out for two distinct

functions, namely the identification of a natural person or the verification (also called

'authentication') of his or her claimed identity, both of which rely on different technical

processes. The identification process is based on a ‘one-to-many’ search of the data

subject’s biometric data in a database, while the verification process is based on a ‘one-to-

one’ comparison of biometric data provided by the data subject, who is thereby claiming

his or her identity. Derogating from the prohibition to process biometric data under Article

9(1) of the Regulation (EU) 2016/679 should also be allowed where the verification of the

claimed identity of the data subject is necessary for a purpose pursued by the controller,

and, where applicable, safeguards laid down in Union law or national law adopted in

accordance with Article 9(4) of Regulation (EU) 2016/679. The controller should

choose from equally effective means the less intrusive one. The processing of

biometric data for identity verification should therefore only be used where necessary

and proportionate and subject to appropriate safeguards. For example, such

safeguards could include technical and organisational measures ensuring that

original biometric samples of the data subject cannot be reconstructed from the

template stored on a device or a database.

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For the purposes of this Regulation, biometric identification should be understood as

the processing of biometric data through comparison against a database intended to

determine the identity of a natural person, whereas biometric verification refers to a

one-to-one comparison used solely to confirm a claimed identity. This derogation

should apply where suitable safeguards apply to enable the data subject to haveensure

that the biometric data or the means needed for the verification are under the sole

control of the data subject. Sole control means that the data subject can effectively

decide when his or her biometric data are used for verification, without the controller

having the technical capacity to access such biometric data in decrypted form or

process them outside the strictly limited comparison process necessary for

verification. For example, this is the case where the biometric data are securely stored

solely at the sidedevice of the data subject or are securely stored at the side ofby the

controller in a state-of-the-art encrypted form and the encryption key or equivalent means

is securely held solely by the data subject, thatand subject to measures ensuring the

overall security of processing is not likely to create significant risks to his or her

fundamental rights and freedoms. The controller does not gain knowledge of the,

including during the enrolment phase of data subject’s biometric data or only for a very

limited timeand during the verification process. Such verification may in particular be

required in the context of electronic identification systems and trust services under

Union law. Other examples of appropriate safeguards are ensuring that end-to-end

encryption is used when data are transmitted over a communication channel and

providing data subjects with the possibility to securely erase their biometric data at

any time.

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(35) Chapter III of Regulation (EU) 2016/679 sets out rights of the data subject and

corresponding obligations of the controller. Article 15 of Regulation (EU) 2016/679

provides data subjects with the right to obtain confirmation from the controller

confirmation as to whether or not personal data concerning him or her are being processed

and, where that is the case, access to the personal data and certain additional information.

The right of access should allow the data subject to be aware of, and to verify, the

lawfulness of the processing and enable him or her to exercise his or her other rights under

Regulation (EU) 2016/679. By contrast, it should be clarified in Article 12 (5) of that

Regulation already provides that where the request to exercise a right underof the

Regulation that the right of access, which is from the outset favourable to data

subjects,(EU) 2016/679 is manifestly unfounded or excessive, the controller may either

charge a reasonable fee or refuse to act on the request. The controller should not be

abused in the sense thatprovide the data subjects abuse them for purposes other than the

protection of their datasubject with the reason thereof. A request made under Article

15 of Regulation (EU) 2016/679 is also to be considered excessive where an abusive

intention on the part of the data subject submitting those requests can be

demonstrated by the controller. For example, such an abuse of the right of

accessabusive intention would arise where the data subject intends to cause the controller

to refuse an access request, in order to subsequently demand the payment of compensation,

potentially under the threat of bringing a claim for damages. Other examples of abuse

include situations where data subjects makesubmits excessive use of the right of

accessnumbers of identical or largely similar requests with the onlysole intent of

causing damage or harm to the controller or when an individual makes. Repeated requests

are not automatically excessive in nature but may indicate an abusive intent on the

part of the data subject. Other examples of an abusive intention include situations

where a data subject submits a request, but at the same time offers to withdraw it in

return for some form of benefit from the controller. Moreover, in order to keep their

burden to a reasonable extent, controllers should bear a lower burden of proof regarding

the excessive character of a request than regarding the manifestly unfounded character of a

request. The reason is that the manifestly unfounded character of a request depends on

facts that lie principally within the controller’s sphere of responsibility, whereas the

excessive character of a request concerns the possibly abusive conduct of, when a data

subject, submits a request with the sole purpose of obtaining compensation for an

alleged infringement which lies primarily outside the controller’s sphere of influence, and

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therefore the controller may be able to prove such abuse only to a reasonable level. In any

event, while requesting access under Article 15 of Regulation (EU) 2016/679is

deliberately provoked by the data subject should be as specific as possible. Overly broad

and undifferentiated, or when the exercise of a right is made with the intention to

adversely affect and burden public authorities, for instance by utilising AI agents for

malicious automated requests should also be regarded as excessive.

(35a) Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests

from a data subject to the supervisory authority, including complaints under Article

77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular

because of their repetitive character. Repeated requests are not automatically

excessive in nature but may indicate an abusive intent on the part of the data subject.

Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the

same objective, namely to provide for an exception to the free-of-charge principle

applicable to the tasks carried out by the supervisory authorities and the exercise of

rights of the data subject, respectively. In order to reduce the burden of controllers

with regard to excessive requests, which may also occur in relation to requests,

including complaints, to the supervisory authority concerning the controller, the

notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted

likewise.

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(36) Article 13 of Regulation (EU) 2016/679 requires the data controller to provide the data

subject with certain information on the processing of his or her personal data as well as

certain further information necessary to ensure fair and transparent processing, as defined

in paragraphs 1, 2 and 3 of that provision. According to paragraph 4 of Article 13 of

Regulation (EU) 2016/679, that obligation does not apply where and insofar as the data

subject already has the information. To further reduce the burden of data controllers,

without undermining the possibilities of the data subject to exercise his or her rights under

Chapter III of thethat Regulation, this derogation should be extended to situations where

the processing is not likely to result in a high risk, within the meaning of Article 35 of the

Regulation, and there are reasonable grounds to assumebelieve that the data subject

already has the information referred to in points (a) and (c) of paragraph 1 of Article 13 of

Regulation (EU) 2016/679, in the light of the context in which the personal data havehas

been collected, in particular regarding the relationship between data subjects and the

controller. Theseand where the processing is not likely to result in a high risk, within

the meaning of Article 35 of that Regulation. This derogation should be the

situationsnot apply where the context of theprocessing requires complex processing

operations, the processing of large amounts of personal data, or personal data

referred to in Articles 9 and 10 of Regulation (EU) 2016/679. For example, there can

be reasonable grounds to believe that the data subject already has such information

in a direct and clearly circumscribed relationship, established for instance where

between the controller and the data subject is very clear and circumscribed and the

controller’s activity is not data-intensiveinteract directly in a specific occasion, such as

the relationship between a craftsman and their clients,.

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The application of the derogation from the information obligation should not

undermine the principle of transparency and should be limited to situations where

the controller has reasonable grounds to believe that the data subject already

possesses the required information. These should be the situations where the personal

data are collected in the context of a direct and clearly circumscribed

relationship between data subjects and a controller and does not involve the

processing of a large amount of personal data nor complex processing operations or

the processing of personal data referred to in Articles 9 and 10 of Regulation (EU)

2016/679 and where the scope of processing is limited to the minimum data necessary to

perform the service. The controller’s activity is not data-intensive where it collects a low

amount of personal data and its processing operations are not complex, which is not the

case, for example, in the field of employment. In such circumstances, that is to say when

the processing is non data-intensive, non-complex and where the controller collects a low

amount of personal datacases, it should be reasonable to expect, for instance, that the data

subject has the information on the identity and contact details of the controller, as well as

on the purpose of the processing when that processing is carried out for the performance of

a contract to which a data subject is a party, or when the data subject has given his or her

consent to that processing, in accordance with the requirements laid down in Regulation

(EU) 2016/679. The same should apply, under the aforementioned conditions, to

associations and sport clubs where the processing of personal data is confined to the

management of membership, communication with members and the organisation of

activities. Nevertheless, this derogation from the obligations of Article 13 is without

prejudice to the independent obligations of the controller under Article 15 of that

Regulation, which applies in case the data subject requests access based on the latter

provision. This derogation should only apply to processing operations which are

foreseeable and non-complex, which is not the case in the field of employment or in

relations with public authorities or public bodies or private entities for the

performance of a task in the public interest. Where the derogation from the obligations

of Article 13 does not apply, in order to balance the need for completeness and easy

understanding by the data subject, controllers may adopt a layered approach when

providing the information required, notably by allowing users to navigate to further

information.

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(37) Where the further processing by the same controller takes place for the purpose of

scientific research and the provision of information to the data subject proves to be

impossible or would involve a disproportionate effort it should not be necessary to provide

the information provided for under Article 13 of this Regulation. The controller should

make reasonable efforts to acquire contact details if they are readily available and

acquisition would not require a disproportionate effort. The provision of the information

would involve a disproportionate effort in particular where the controller at the time of

collection of the personal data did not know or anticipate that it would process personal

data for scientific research purposes at a later stage, in which case it may not have easily

available contact details of the data subjects. In such situations the controller should inform

data subjects indirectly, such as by making the information publicly available. The

provision of such information should ensure that as many data subjects concerned as

possible are reached. Relevant means to make the information publicly available should be

determined depending on the context of the research project and the data subjects involved.

(38) Article 22 of Regulation (EU) 2016/679 provides forthat data subject has the right not

to be subject to a decision based solely on automated processing, except when specific

conditions are met and in accordance with rules governing the processing of personal

data when the data controller makes decisions which have legal effects concerning the

data subject or similarly significant effects on the data subject, based solely on automated

processing. In order to provide greater legal certainty, it should be clarified that

decisionswhen assessing whether a decision based solely on automated processing are

allowed when specific conditions are met, as set out in Regulation (EU) 2016/679. It

should also be clarified that when assessing whether a decision is necessary for entering

into, or performance of, a contract between the data subject and a data controller, as set out

in Article 22(2)(a) of Regulation (EU) 2016/679, it should not be required that the decision

could be taken only by solely automated processing. This means that The fact that the

decision could also be taken by a human does not prevent the controller from taking the

decision by solely automated processing. When several equally effective automated

processing solutions exist, the controller should use the less intrusive one.

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(39) In order to reduce the burden on controllers while ensuring that supervisory authorities

have access to the relevant information and can act on violations of the Regulation, the

threshold for notification of a personal data breach to the supervisory authority under

Article 33 of Regulation (EU) 2016/679 should be aligned with that of communication of a

personal data breach to the data subject under Article 34 of that Regulation. In the case of a

data breach that is not likely to result in a high risk to the rights and freedoms of natural

persons, the controller should not be required to notify the competent supervisory

authority. The higher threshold for notifying a data breach to the supervisory authority

does not affect the obligation of the controller to document the breach in accordance with

paragraph 5 of Article 33 of Regulation (EU) 2016/679, or its obligation to be able to

demonstrate its compliance with that Regulation, in accordance with Article 5(2) of that

Regulation. In order to facilitate compliance by controllers and a harmonised approach in

the Union, the Board should prepare a common template for notifying data breaches to the

competent supervisory authority andestablish and make public a common list of

circumstances in which a personal data breach is likely to result in a high risk to the rights

and freedoms of a natural person, and a common list of circumstances in which a

personal data breach does not result in such a high risk. To further facilitate

compliance, the Board should prepare a common template for notifying data

breaches to the competent supervisory authority. The Commission should take due

account of the proposal prepared by the Board and review themit, as necessary, prior to

adoption. by means of an implementing act. In order to take account of new information

security threats, the common template and the list should be reviewed at least every three

years and updated where necessary. The lack of a common list of circumstances in which a

personal data breach is likely to result in a high risk to the rights and freedoms of a natural

person should not affect the obligations of controllers to notify those breaches. The

alignment of notification thresholds should not affect the controller’s obligation to

carry out an individual risk assessment and to maintain complete documentation of

personal data breaches in accordance with Article 33(5) of Regulation (EU) 2016/679.

The common lists of circumstances in which a personal data breach is likely to result

in a high risk to the rights and freedom of a natural person and in which a personal

data breach is not likely to result in a high risk should also apply in order to

determine when communicating the data breaches to the data subject, in accordance

with Article 34.

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(39a) In order to facilitate compliance obligations and the establishment of the contract or

other legal act governing the processing by a processor on behalf of the controller, the

processor should also be subject to the general obligation of data protection by design

and by default under Regulation (EU) 2016/679 to extent it relates to their own

obligations under that Regulation. This obligation does not affect the level of

responsibility and relationship between the controller and processor, nor does it

affect the principle of accountability or the respective obligations of controller and

processor as laid down under Article 28 of Regulation (EU) 2016/679). Accordingly,

the controller remains solely responsible for determining the purpose and means of

processing and for complying with related obligations, while the processor should

ensure that data protection by design and by default is applied to its offered means

and services to carry out processing.

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(40) Article 35 of that Regulation (EU) 2016/679 requires controllers to conduct a data

protection impact assessment where the processing of personal data is likely to result in a

high risk to the rights and freedoms of natural persons. The supervisory authorities

established pursuant to that Regulation are required to establish and make public a list of

the kind of processing operations which are subject to the requirement for a data protection

impact assessment. In addition, the Regulation provides that supervisory authorities may

establish and make public a list of the kind of processing operations for which no data

protection impact assessment is required. In order to effectively contribute to the aim of

convergence of the economies and to effectively ensure free flow of personal data between

Member States, increase legal certainty, facilitate compliance by controllers and ensure a

harmonised interpretation of the notion of a high risk to the rights and freedoms of data

subjects, a single list of processing operations should be provided at EU level, to replace

the existing national lists. In addition, the publication of a list of the type of processing

operations for which no data protection impact assessment is required, which is currently

optional, should be made mandatory. The lists of processing operations should be

preparedestablished and made public by the Board and adopted by the Commission as an

implementing act. In establishing the lists, due account should be taken of the nature,

scope, context and purposes of the processing and the risk to the rights and freedoms

of natural persons. In order to facilitate compliance by controllers, the Board should also

prepare a common template and a common methodology for conducting data protection

impact assessments, to be adopted by the Commission as an implementing act. The

Commission should take due account of the proposals prepared by the Board and review

them, as necessary, prior to adoption by mean of an implementing act. In order to take

account of technological developments, the lists and the common template and

methodology should be reviewed at least every three years and updated where necessary.

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(40a) In order to ensure consistency of interpretation of this Regulation (EU) 2016/679, it is

important that national supervisory authorities ensure that the adoption of

guidelines, recommendations and best practices at national level on matters already

covered by guidelines adopted by the Board, is consistent and does not contradict

those issued by the Board, including by updating or repealing national relevant

guidelines, recommendations and best practices when necessary. It is also important

that national supervisory authorities and the Board duly consider matters of

consistent application of this Regulation, including when such matters are identified

and brought to their attention by controllers or other relevant stakeholders. The

consistent application of Regulation (EU) 2016/679 should also contribute to

innovation and competitiveness of the Union.

(40b) Further, for the purpose of the consistent application of that Regulation, it is recalled

that data transfers to a third country or an international organisation where one of

the derogations of Article 49(1), points (d) and (f) to (g), of Regulation (EU) 2016/679

applies are not required to be non-repetitive. Thus, for example, the derogation in

point (d) allows such data transfers where necessary for important reasons of public

interest, including international data exchange between tax administrations, even

where those transfers are repetitive, if that is necessary to achieve the public interest

at issue.

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(41) Regulation (EU) 2018/1725 of the European Parliament and of the Council16 applies to the

processing of personal data by the Union institutions, bodies, offices and agencies.

Directive (EU) 2016/680 of the European Parliament and of the Council17 applies to the

processing of personal data by competent authorities for the purposes of the prevention,

investigation, detection or prosecution of criminal offences or the execution of criminal

penalties. Regulation (EU) 2018/1725 and Directive (EU) 2016/680 should be brough into

alignment with the amendments to Regulation (EU) 2016/679 introduced by this

Regulation.

(42) As clarified in recital 5 of Regulation (EU) 2018/1725, whenever the provisions of

Regulation (EU) 2018/1725 follow the same principles as the provisions of Regulation

(EU) 2016/679, those two sets of provisions should, under the case law of the Court of

Justice of the European Union, be interpreted homogeneously. The scheme of Regulation

(EU) 2018/1725 should be understood as equivalent to the scheme of Regulation (EU)

2016/679. Therefore, this Regulation also amends the provisions of Regulation (EU)

2018/1725 that are concerned by the amendments of Regulation (EU) 2016/679, insofar as

the latter amendments are also relevant in the context of the processing of personal data by

the Union institutions, bodies, offices and agencies.

(43) In order to provide a strong and coherent data protection framework in the Union, the

necessary adaptations of Directive (EU) 2016/680 and any other Union legal act applicable

to such processing of personal data should follow after the adoption of this regulation, in

order to allow for their application as close as possible to the entry into application of the

amendments to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725.

16 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October

2018 on the protection of natural persons with regard to the processing of personal data by

the Union institutions, bodies, offices and agencies and on the free movement of such data,

and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,

21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). 17 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on

the protection of natural persons with regard to the processing of personal data by competent

authorities for the purposes of the prevention, investigation, detection or prosecution of

criminal offences or the execution of criminal penalties, and on the free movement of such

data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89,

ELI: http://data.europa.eu/eli/dir/2016/680/oj).

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(43a) Directive 2002/58/EC on privacy and electronic communications (‘ePrivacy

Directive’), last revised in 2009, provides a framework for the protection of the right

to privacy, including the confidentiality of communications. It also specifies

Regulation (EU) 2016/679 in relation to processing of personal data in the context of

electronic communication services. It protects the privacy and the integrity of

subscriber’s or user's terminal equipment used for such communications.

(44) The storing of personal datainformation, or the gaining of access to personal

datainformation already stored, in a terminal equipment and the subsequent processing of

such data should be regulated under a single legal framework, namely Regulation (EU)

2016/679Directive 2002/58/EC on privacy and electronic communications, where the

subscriber of the electronic communications service or the user of the terminal equipment

is a natural person. The amendments presented in this Regulationto this Directive should

continue to offer the highest levels of protection for personal data, while simplifying the

experiences of data subjects in exerting their rights and expressing their choices online.

The amendments concern in particular storage of information in that equipment, accessing

or otherwise collecting information from that equipment that entails the processing of

personal data through cookies or similar technologies to gain information from the terminal

equipment. Privacy enhancing technologies that reduce the processing of personal

data and support the effective implementation of the obligations of data minimisation

and data protection by design and by default under Regulation (EU) 2016/679 can

play a crucial role in maintaining citizens’ trust in online digital ecosystems and it is

important to incentivise the update of such technologiesThe relevant rules should also

apply regardless of whether the terminal equipment is owned by the natural person or by

another legal or natural person.

(44a) The storing of personal datainformation, or the gaining of access to personal

datainformation already stored, in a terminal equipment should continue to be allowed

only on the basis of consent. Similar to the approach in Directive 2002/58/EC, this

requirement should not preclude storing of personal data, or gaining of access to personal

data already stored, in the terminal equipment of a natural person, when that is based on

Union or Member State law within the meaning of Article 6 of Regulation (EU) 2016/679

and if it fulfils all conditions of lawfulness laid down in that provision, and is done for the

objectives laid down in Article 23(1) of Regulation (EU) 2016/679.

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(44b) With a view to reducing the compliance burden and providing legal clarity to controllers,

and given that certain purposes of processing pose a low risk to the rights and freedoms of

data subjects or that such processing may be necessary to provide a service requested by

the data subjecta subscriber or user, it is necessary to define a limitative list of purposes

for which the processing should be permitted without consent. As regards storing of

personal datainformation, or the gaining of access to personal datainformation already

stored, in a terminal equipment, and subsequent processing that is necessary for those

purposes, this Regulationthe Directive should therefore provide that thesuch processing is

lawful. The, including when being carried out jointly with or on the behalf of a

controller, such as. For example a media service provider, may mandate a processorthird

party, such as a market research company, to carry out thesuch processing on its behalf..

(44c) Consent should not be required, where placing of information on or gaining access to

information stored is necessary to provide a service explicitly requested by user or

subscriber. This should include placing of information or gaining access to

information stored for the purpose of ensuring certain functionalities necessary for

the service explicitly requested by the user or subscriber. This could include

memorising the user’s choices and selected elements such as, among others, the user’s

language settings, configuration choices, items placed in shopping baskets,

information to facilitate filling in of online forms, or functionalities of a requested

service related to information on vehicles.

(44d) In order to improve their services, providers of online services should be able to gain

information about the use of their service on an aggregated level without analysing

individual subscriber or user behaviour. To enable this, measuring the audience of an

online service by creating anonymous aggregated information about the usage of an

online service, where it is carried out by the provider of that online service, or by a

provider acting on their behalf should not require consent. The aggregated data used

for such measurement should not relate to a specific data subject and should

therefore be anonymous. Data of users or subscribers used for this purpose should

not be further processed for another purpose nor combined with data from other

services from the provider of the online service or from a third party, such as

analytics information from other websites. The aggregated information could be

shared with third parties, including companies and non-commercial organizations.

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(44e) Regulation (EU) 2024/1083 emphasises the importance of audience measurement for

evaluating the performance of media content and understanding the preferences of

audiences in order to plan the future production of content and for the purposes of

decisions regarding advertising allocation and pricing, as well as for fostering

transparency and verifiability of audiences. Such measurement should be in principle

carried out in accordance with widely accepted industry self-regulatory mechanisms,

such as joint industry committees, and is often conducted by independent entities

acting as joint controllers under Regulation (EU) 2016/678. Thus, measuring

audiences of media services or of content on online platforms by collecting data about

the number and characteristics of users of media services or users of content on

online platforms should be possible without consent, provided that data collected are

not processed for another purpose, are pseudonymised and that audience

measurement reports generated do not contain personal data. Exempting such

measurement from the consent requirement should contribute to the sustainability of

the media ecosystem as highlighted in Regulation 2024/1083. The limitations should

ensure that the personal data collected is not reused for providing personalised

advertising, profiling or other unrelated purposes. The reports containing anonymous

and aggregated information could be shared with third parties, including companies

and non-commercial organisations.

(44f) Maintaining or restoring the security of a service provided by a service provider and

requested by the subscriber or user, or the terminal equipment used for the provision

of such service, should only be allowed without consent to the extent that the security

measures, such as security updates, are strictly necessary and proportionate, to

maintain or restore the security of the service or terminal equipment, are provided

separately from functionality updates where technically feasible, and do not

introduce changes to functionality, interactions with other software or settings chosen

by the subscriber or user beyond what is strictly necessary and proportionate for that

security purpose. The subscriber or user has the possibility to turn off the automatic

installation of these updates. The maintaining or restoring the security of the service

or of the terminal equipment should include in particular cybersecurity and the

necessary security requirements to ensure a proper functioning of the terminal

equipment as well as the protection of personal data and privacy of the user.

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(44g) The simple display of contextual advertising does not typically require access to or

storing of information on a user or subscriber’s device. Contextual advertising is

placed solely on the basis of the immediate content displayed on the subscriber or

user’s online interface – such as a website or an app - during an individual visit or on

the basis of a single search query. Such advertising does not involve the processing of

personal data, and it is not based on profiling, and it does not involve retention or link

with an individual’s past of future activity. At the same time, the effectiveness of such

advertising often relies on the possibility to measure the display and the performance

of the advertisement displayed such as capping cookies and advertising measurement

cookies. Such measurement of the display and performance of contextual advertising

should be lawful without the consent of the user where it is carried out by the

provider of an online service, including jointly with others, or on behalf of that

provider, provided that data collected are pseudonymised after collection, as a key

security measure, and are not processed for another purpose including profiling or

providing programmatic advertising, and that the measurement does not involve any

profiling nor processing of data relating to the subscriber or user’s past or future

activity, including activity across sites, apps or services.

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(44g) For the subsequentfurther processing of personal data for other purposecompatible

purposes than those defined in the limitative list, Article 6 and, where relevant, Article 9

of Regulation (EU) 2016/679 should be applied. It is the responsibility of the controller in

the light of the principle of accountability to choose the appropriate legal basis for the

intended processing. In order to be able to rely on legitimate interest under Article 6(1),

point f, of Regulation (EU) 2016/679 as a ground for the subsequentfurther processing of

personal data, the controller must show that it pursues the controller’s or third parties’

legitimate interest, the processing is necessary in order to achieve the purpose of that

legitimate interest, and the interests or fundamental rights of the data subject do not

override the interests pursued by the controller. In this context, controllers should take

outmost account of the following elements: whether the data subject is a child; the

reasonable expectations of data subject; the impact on the individual either because of the

scale of data processed or the sensitivity of the data processed; the scale of the processing

at issue in the sense that the processing cannot be particularly extensive either because of

their amount or the range of categories of data; the processing should be based on data

limited to what is necessary and cannot be based on monitoring of large parts of the online

activity of the data subjects; and other relevant factors as appropriate. The processing

should not give rise to the continuous monitoring of the data subject’s private life.

Where the controller cannot rely on legitimate interest as a legal ground for the subsequent

processing, the processing should be based on another ground in Article 6(1), in particular

on consent in accordance with Articles 6 and 7 of Regulation (EU) 2016/679, provided that

all principles of Regulation (EU) 2016/679 are met.

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(45) Data subjectsSubscribers or users that have refused a request for consent are often

confronted with a new request to give consent each time they visit the same

controllerprovider’s online service again. This may have detrimental effects to the data

subjectssubscribers or users which may consent just in order to avoid repeating requests.

The controllerprovider should therefore be obliged to respect the data subject’ssubscriber

or users' choices to refuse a request for consent for at least a certain period. This

obligation is applicable to any provider that accesses or stores information in the

terminal equipment of a subscriber or user, including so-called third-party cookie.

The provider may request consent within this period where a new request for consent

is necessary, for example if the purpose of processing changes. This could be the case

where a new service is offered or where substantial changes to the service are made.

A new request may also be made where the cookie or other technology recording the

subscriber or user’s choice is no longer valid for reasons beyond the service

provider’s control, including when the user has deleted the cookies. Furthermore, the

amendments to Directive 2002/58/EC should not be understood as setting out

conditions relating to the online revenue streams of media services providers.

(46) Data subjects should have the possibility to rely on automated and machine-readable

indications of their choice to consent or refuse a consent request or object to the processing

of data. Such means should follow the state of the art. They can be implemented in the

settings of a web browser or in the EU Digital Identity Wallet as set out by Regulation

(EU) 914/2014, or any other adequate means. Rules set out in this Regulation should

support the emergence of market-driven solutions with appropriate interfaces. The

controller should be obliged to respect automated and machine-readable indications of data

subject’s choices once there are available standards. In light of the importance of

independent journalism in a democratic society and in order not to undermine the

economic basis for that, media service providers should not be obliged to respect the

machine-readable indications of data subject’s choices. The obligation for providers of web

browsers to provide the technical means for data subjects to make choices with respect to

the processing should not undermine the possibility for media service providers to request

consent by data subjects.

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(47) Directive 2002/58/EC on privacy and electronic communications ‘ePrivacy Directive’),

last revised in 2009, provides a framework for the protection of the right to privacy,

including the confidentiality of communications. It also specifies Regulation (EU)

2016/679 in relation to processing of personal data in the context of electronic

communication services. It protects the privacy and the integrity of user’s or subscriber’s

terminal equipment used for such communications. The current provision of Article 5(3) of

Directive 2002/58/EC should remain applicable insofar as the subscriber or user is not a

natural person, and the information stored or accessed does not constitute or lead to the

processing of personal data.

(48) Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC

sets requirements for providers of publicly available electronic communications services as

regards safeguarding the security of their services and notification requirements.

Subsequently, Directive (EU) 2022/2555 has set new requirements as regards

cybersecurity risk-management measures and incident reporting for those providers. In

order to reduce overlapping obligations for entities in the electronic communications

sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of

processing of personal data pursuant to Article 4(1) and (1a) of this directive and the

notification of personal data breaches pursuant to Article 4(3) to (5) of Directive

2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for

comprehensive and up-to-date rules. These rules should therefore apply to providers of

publicly available electronic communication services and providers of public

communications networks, thereby ensuring that one regime applies to the controllers and

processors.

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(49) Several horizontal or sectorial Union legal acts require the notification of the same event to

different authorities using different technical means and channels. The single-

entryestablishment by Member States of a national entry point for incident reporting

should allow entities to fulfil reportingsupport and facilitate the fulfilment of obligations

to the reporting of incidents and related events under Directive (EU) 2022/2555,

Regulation (EU) 2016/679, Regulation (EU) 2022/2554, Regulation (EU) No 910/2014

and Directive (EU) 2022/2557 by submitting notifications to a single interface.

Furthermore, the single-entrynational entry point shouldcould give a possibility for

entities to retrieve information that they have previously submitted using the single-

entrynational entry point, thereby helping entities to keep track of their compliance with

reporting obligations in connection with specific incidents.

(49a) In order to facilitate compliance with the obligation to report incidents and related

events, including the identification of the applicable related obligations, ENISA

should develop and maintain an incident reporting information point for incident

reporting. That information point should serve as a clearly arranged source of

information to support entities in identifying their reporting obligations and to guide

them to the appropriate national entry point. Further information on related

obligations, especially in terms of cybersecurity risk management, may be added.

Structured communication channels should be established to ensure that the

information available on the single information point is swiftly updated based on all

the relevant and necessary information communicated by Member States.

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(50) To ensure the security of the single-entry pointnational entry points in particular and

with a view to designing interoperable national entry points, ENISA should

takedevelop non-binding recommendations addressing the appropriate and

proportionate technical, operational and organisational measures to manage the risks posed

to the security of the single-entryfor Member States to develop, maintain and securely

operate their respective national entry point and the information submitted or

disseminated via the single-entry point. When assessing the risk, and the appropriateness

and proportionality of those measures, ENISA should take into account the sensitivity of

information submitted or disseminated pursuant to the relevant Union legal acts. ENISA

should consultestablish a cross-sector working group to develop these

recommendations in cooperation with CSIRTs and competent authorities under the

relevant Union legal acts when drafting, making use of existing cooperation groups and

networks of Member States established under these acts, with a view draft the

technical, operational and organisational measures necessary to establish, maintain and

securely operate the single-entrynational entry point by making use of existing

cooperation groups and networks of Member States established under these acts.

(50a) The term 'national entry point' should be understood as a national infrastructure or

arrangement, which may take the form of an online digital interface, platform or

technical interoperability hub, established and maintained by the Member State,

supporting entities to fulfil their incident notification obligations across multiple

regulatory frameworks through notifications at national level which will reach all

competent authorities, CSIRTs and/or other designated authorities. Member States

should retain flexibility to configure such infrastructure or arrangement in

accordance with their specific needs, notably their national infrastructures and the

allocation of competences among CSIRT’s and competent and/or other designated

authorities, including by connecting existing systems and enabling the sharing,

routing or distribution of relevant information where needed. The creation of the

national entry point does not necessarily interfere with the allocation of functions

among competent authorities, CSIRT’s and/or other designated authorities within

each national system.

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(50b) The national entry point could, depending on Member States’ organisational

arrangement and national structure, allow for tasks and functionalities supporting

the reporting of relevant incidents, such as enabling the submission of notifications,

receiving and processing notifications submitted by entities, ensuring or facilitating

access to such notifications for the competent authorities under the relevant Union

act, transmitting or making available relevant information to other national

authorities, where foreseen under Union or national law, supporting coordination

among competent authorities in relation to reported incidents or information, or

providing guidance or assistance to entities regarding notification procedures.

(50c) The development and operation of national entry points may involve important costs

for Member States, particularly where national reporting systems need to be built or

existing ones need to be adapted. Further costs might be related to ensuring their

cross-border interoperability. It is therefore important that, where applicable and

foreseen in the relevant instruments, such activities are financially supported through

relevant Union funding instruments, such as the Digital Europe Programme, the

European Structural and Investment Funds and other relevant Union funding

programmes.

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(51) Before enabling theIt is important to support the further harmonisation of incident

notification of incidents, ENISA should pilot the functioning of the single-entry point

which should include a thorough testing of the specificities and requirements for the

notifications for the relevant Union legal acts. Basedand reporting, including by working

on the results of the piloting, the Commission should assess the proper functioning,

reliability, integrity and confidentiality of the single-entry point. The Commission should

consult theexchange and interoperability of information regarding incident reporting.

For this purpose and in cooperation withhe CSIRTs network and the, the Cooperation

Group and competent authorities under the relevant Union legal acts, by making use of

existing cooperation groups and networks of Member States established under these acts,

when carrying out the assessment. Where the Commission finds that the single-entry point

ensures the proper functioning, reliability, integrity and confidentiality, it should publish a

notice to that effect in the Official Journal of the European Union. In case the Commission

considers that the proper functioning, reliability, integrity and confidentiality is not

ensured, ENISA should take all necessary corrective measures, followed by a reassessment

by the Commissiondevelop guidelines to foster the harmonisation of incident

notifications.

(52) To ensure the continuity and interoperability with existing national technical solutions that

facilitate incident reporting, to the extent feasible, ENISA should take into account such

national technical solutions when developing the specifications on the technical,

operational and organisational measures necessary to establish, maintain and securely

operate the single-entry point. Further, ENISA should consider technical protocols and

tools such as application programming interfaces and machine-readable standards that

enable entities to integrate reporting obligations into business processes, and authorities to

connect the single-entry point with their national reporting systems.

(53) To ensure that the single-entry point enables the relevant entities to submit the type of

information and the format required under the relevant Union legal acts, ENISA should

consult the Commission and the competent authorities under those acts. Where a Union

legal act is not fully harmonized regarding the type of information and the format of

notifications, Member States should inform ENISA about their national provisions.

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(54) Based on Regulation (EU) 2022/2554, the financial sector has been at the forefront in

implementing a harmonised, comprehensive and effective framework, including with

regard to incident reporting. In order to simplify compliance, it is appropriate to align the

incident reporting framework established under Regulation (EU) 2022/2554 with the

single-entrynational entry point, while ensuring continuity and stability of the existing

reporting framework, and considering that the single-entry point would be operational after

it has been assessed that it ensures the proper functioning, reliability, integrity and

confidentiality. Further, Regulation (EU) 2022/2554 has introduced standardised reporting

templates streamlining the content of reports for major ICT-related incidents for the

financial sector. The experience gained from the adoption of these templates provides

valuable insights and best practices that should be taken into account when specifying the

type of information, the format and the procedure of a notification for the purposes of

reporting to the single-entrynational entry point under Directive (EU) 2022/2555,

Directive (EU) 2022/2557 or Regulation (EU) 2016/679, where appropriate. For this

purpose, the CommissionMember States should take due account of the regulatory

technical standards adopted pursuant to Regulation (EU) 2022/2554 and the reporting

templates developed under Directive (EU) 2022/2555 (NIS2), which specify the content

of the initial notification, as well as the intermediate and final reports, concerning major

ICT-related incidents. While appropriate sector-specific adaptation should remain

possible, this approach aims to ensure consistency, promote synergies and reduce

administrative burden on entities by minimizing the number of data fields that entities are

required to complete, thereby facilitating more efficient and streamlined reporting

processes.

(55) Under the relevant Union legal acts, certain incident-specific information is to be shared at

a subsequent stage between competent authorities to facilitate effective oversight and

coordination. Therefore, the single-entry point should be designed to accommodate and

support the exchange of information at that level for each relevant Union legal act,

ensuring it is important to ensure that appropriate data flows between authorities are

enabled in a secure, timely, and efficient manner, while remaining under the control of

Member States, should the Member States decide to make use of this additional feature.

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(56) To ensure that incident reporting is carried out via the single-entrynational entry point

Directive (EU) 2022/2555, Regulation (EU) 2016/679, Regulation (EU) 2022/2554,

Regulation (EU) 910/2014, and Directive (EU) 2022/2557 should therefore be amended

accordingly. The single-entrynational entry point should start being used for the purpose

of reporting under those acts within 1830 months from the entry into force of this

Regulation. When the Commission initiates the mechanisms of the notice delayingAny

new amendment to other Union legal acts or new proposals for Union legal acts

should establish the date of application to 24 months from thewhen national entry into

force of the Regulation, the corresponding provisions of Directive (EU) 2022/2555,

Regulation (EU) 910/2014, Regulation (EU) 2022/2554 and Directive (EU)

2022/2557point should continue to apply for the purpose of meeting thebe used for

reporting obligations laid down in the provisions.incidents or related events.

(57) In the exceptional event that a technical impossibility prevents the submission of incident

notifications using the single-entrynational entry point, entities should fulfil their

reporting obligations through alternative means. For that purpose, addressees of incident

notifications under the relevant Union legal acts should ensure that they can receive such

incident notifications through alternative means and should make information about that

alternative means publicly available.

(58) The European Data Protection Supervisor wasand the European Data Protection Board

were consulted in accordance with Article 42(1)42 of Regulation (EU) 2018/1725 of the

European Parliament and of the Council18, and delivered itstheir joint opinion on [DATE].

The European Data Protection Board was consulted in accordance with Article 42(2) of

Regulation (EU) 2018/1725 and delivered an opinion on [DATE]10 February 2026.

18 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October

2018 on the protection of natural persons with regard to the processing of personal data by

the Union institutions, bodies, offices and agencies and on the free movement of such data,

and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,

21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

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(59) Regulation (EU) 2019/1150 establishes a targeted set of mandatory rules at Union level to

ensure a fair, predictable, sustainable and trusted online business environment within the

internal market. Regulation (EU) 2022/2065 and Regulation (EU) 2022/1925 provide a

comprehensive regulatory framework for a safe, predictable and trusted online

environments for all end-users of online services, and establish a level playing field for

businesses in digital markets. In the interest of simplification of Union legislation in the

field of online intermediation services and online platforms, and given that the objectives

and material provisions of the Platform-to-Business Regulation are largely covered by the

Digital Services Act and the Digital Markets Act, several provisions of Regulation (EU)

2019/10502019/1150 should be repealeddeleted. Regulation (EU) 2022/2065 and

Regulation (EU) 2022/1925 contribute to a fully harmonised regulatory framework for

digital services and digital markets, by approximating national measures concerning the

requirements for providers of intermediary services and the contestability and fairness of

core platforms services provided by gatekeepers. For purposes of legal certainty and for

purposes of keeping the necessary level of protection for business users, selected

definitions in Article 2, the provisions on terms and conditions in Article 3, on

restrictions and suspensions in Article 4, as well ason ranking in Article 5, and on

differentiated treatment in Article 7, on the internal complaint-handling system in

Article 11 of Regulation (EU) 2019/1150 that are cross-referenced by other legal acts, in

particular Directive (EU) 2023/2831 on improving working conditions in platform work,

and, as well as provisions in Article 15 ensuring enforcement, will temporarily remain in

application until the original acts are amended and in Article 18(1) mandating the

Commission to evaluate that Regulation are maintained.

(60) Given the technical nature of the amendments proposed in this Regulation and the urgency

to deliver on a simplified legal framework, this Regulation should enter into force

immediately after its publication in the Official Journal. As appropriate, transitional

periods should be afforded for Member States and regulated entities to adjust to the rules.

(61) The amendments to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 are

based on Article 16 TFEU. The amendments to Directive 2002/58/EC are based on

Article 16 TFEU and Article 114 TFEU. All other amendments are based on Article

114 TFEU.

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(62) The reasons that led the European Parliament and the Council to adopt those

provisions of Regulation (EU) 2022/868, Regulation (EU) 2018/1807, and Directive

2019/1024 which are being re-enacted in the present regulation remain valid.

HAVE ADOPTED THIS REGULATION:

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Article 1

Amendments to Regulation (EU) 2023/2854

Regulation (EU) 2023/2854 is amended as follows:

1. Article 1 is amended as follows:

(-a) in paragraph 1 point (c) is replaced by the following:

‘(c) the making available of data by data holders to public sector bodies, the

Commission, the European Central Bank and Union bodies, where there is the

need for those data for the performance of a specific task carried out in the

public interest;’

(a) in paragraph 1, the following points are inserted:

‘(ea) voluntary registration of data intermediation services;

(eb) voluntary registration of entities which collect and process data made available

for altruistic purposes;

(ec) the establishment of a European Data Innovation Board;

(ed) data localisation requirements and the availability of data to competent

authorities;

(ee) the re-use of certain data and documents held by public sector bodies or by

certain public undertakings, and of research data.;

(aa) in paragraph 2, point (f) is replaced by the following:

‘(f) Chapter VII applies to any non-personal data held in the Union by

providers of data processing services, public sector bodies making available

data in accordance with Chapter VIIc Section 3, the natural or legal person

to which the right to re-use data in accordance with Chapter VIIc Section 3

was granted, a data intermediation services provider or a recognised data

altruism organisation.’. ’

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(b) in paragraph 2, the following points are added:

‘(g) Chapter VIIa applies to personal and non-personal data;

(h) Chapter VIIb applies to any non-personal data;

(i) Chapter VIIc applies to personal and non-personal data, namely the following:

(i) documents held by public sector bodies of Member States as referred

(1) to in Article 32i(1), point (a) or by public undertakings as referred

(2) to in Article 32i(1), point (b);

(ii) research data as referred to in Article 32i(1), point (c);

(iii) certain categories of protected data as referred to in Article 32i(1), point

(a).’

(c) in paragraph 3, point (g) ispoints (e) and (g) are replaced by the following:

‘(e) public sector bodies, the Commission, the European Central Bank and Union

bodies that request data holders to make data available where there is the need for

those data for the performance of a specific task carried out in the public interest

and to the data holders that provide those data in response to such request;

‘(g) participants in data spaces.;

(ca) in paragraph (5) the following subparagraph is added:

‘The rules set out in Chapters VIIa and VIIc do not create a legal basis for

the processing of personal data.’’

(d) paragraph 7 is deleted.

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(e) the following paragraphs 11, 12 and 13 are added:

‘11. Chapter VIIb of this Regulation is without prejudice to laws, regulations, and

administrative provisions that relate to the internal organisation of Member

States and that allocate, among public authorities and bodies governed by

public law, powers and responsibilities for the processing of data without

contractual remuneration of private parties, as well as to laws, regulations, and

administrative provisions of Member States that provide for the

implementation of such powers and responsibilities.

12. Where sector-specific Union or national law requires public sector bodies, data

intermediation services providers or recognised data altruism organisations to

comply with specific additional technical, administrative or organisational

requirements that relate to Chapters VIIa and VIIb, including through an

authorisation or certification regime, those provisions of that sector-specific

Union or national law shall also apply. Any such specific additional

requirements shall be non-discriminatory, proportionate and objectively

justified.’

13. With regards to data and documents in scope of Section II of Chapter VIIc,

Chapter VIIc of this Regulation establishes a set of minimum rules

governing the re-use and the practical arrangements for facilitating the re-

use of data and documents and does not affect the possibility for Member

States to adopt more detailed or stricter rules, provided that those rules allow

for more extensive re-use of data and documents.’’

2. Article 2 is amended as follows:

(a) the following points (4a), (4b) and (4c) are inserted:

‘(4a) ‘consent’ means consent as defined in Article 4, point (11), of Regulation (EU)

2016/679;

(4b) ‘permission’ in the context of Chapters VIIa and VIIc means giving data

users the right to the processing of non-personal data;

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(4c) ‘access’ means data use, in accordance with specific technical, legal or

organisational requirements, without necessarily implying the transmission or

downloading of data;

(b) point (10) is replaced by the following:

‘(10) ‘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 :

(a) does not have as its main purpose the intermediation of copyright-

protected content;

(b) is not jointly procured by several legal persons for exclusive use among

them; ’

(b) point (13) is replaced by the following:

‘(13) ‘data holder’ means a natural or legal person that has the right or obligation, in

accordance with this Regulation, applicable Union law or national legislation

adopted in accordance with Union law, to use or make available data,

including, where contractually agreed, product data or related service data,

which it has retrieved or generated during the provision of a related service;’

(ba) point (28) is replaced by the following:

‘(28) ‘public sector body’ means the State, national, regional or local authorities

of the Member States and bodies governed by public law of the Member States,

or associations formed by one or more such authorities or one or more such

bodies.

(c) the following points (28a) and (28b) are inserted:

‘(28a) ‘bodies governed by public law’ means bodies that have all of the following

characteristics:

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(a) they are established for the specific purpose of meeting needs in the

general interest, not having an industrial or commercial character;

(b) they have legal personality;

(c) they are financed, for the most part by the State, national, regional or

local authorities, or by other bodies governed by public law; or are

subject to management supervision by those authorities or bodies; or

have an administrative, managerial or supervisory board, more than half

of whose members are appointed by the State, national, regional or local

authorities, or by other bodies governed by public law;

(28b) ‘public undertaking’ means any undertaking over which a public sector body

may exercise directly or indirectly a dominant influence by virtue of their

ownership of it, their financial participation therein, or the rules which govern

it. A dominant influence on the part of the public sector bodies shall be

presumed in any of the following cases in which those bodies, directly or

indirectly:

(a) hold the majority of the undertaking's subscribed capital;

(b) control the majority of the votes attaching to shares issued by the

undertaking;

(c) can appoint more than half of the undertaking's administrative,

management or supervisory body;;’

(d)(e) the following points (38a) and (38b) arepoint (38a) is inserted:

‘(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;

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(2) are not jointly procured by several legal persons for exclusive use among

them;

(38b38a) ‘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 compensation related to the

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;

(ea) point (39) is deleted.

(f) point (42) is amended as follows:

(42) ‘common specifications’ means a set of technical requirements, other

than a standard, that provides means of complying with certain requirements

and obligations established under this Regulation.’

(e) the following points (44) to (6362) are added:

‘(44) ‘medium-sized enterprise’ means a medium-sized enterprise as defined in

Articlepoint 2 of Annex I to Recommendation 2003/361/EC;

(45) ‘small mid-cap’ or ‘SMC’ means a small mid-cap enterprise as defined in

Articlepoint 2 of the Annex to Commission Recommendation (EU)

2025/1099;

(46) ‘university’ means aany public sector body that provides post-secondary-

school higher education leading to academic degrees;

(47) ‘standard licence’ means a set of predefined re-use conditions in a digital

format, preferably compatible with standardised public licences available

online;

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(48) ‘document’ means:

(a) any content that is non-digital whatever its medium (paper or as a sound,

visual or audiovisual recording); or

(b) any part of such content;

(49) ‘dynamic data’ in the context of Chapter VIIc means data and documents in a

digital form, subject to frequent or real-time updates, in particular because of

their volatility or rapid obsolescence; data generated by sensors are typically

considered to be dynamic data;

(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 andor results;

(51) ‘re-use’ means the use by natural persons or legal entities ofpersons of data or

documents held by:

(a) public sector bodies, for commercial or non-commercial purposes other

than the initial purpose within the public task for which the data or

documents were produced, except for the exchange of data or documents

between public sector bodies purely in pursuit of their public tasks; or

(b) public undertakings, under Chapter VIIc Section 2 for commercial or

non-commercial purposes other than for the initial purpose of providing

services in the general interest for which the data or documents were

produced, except for the exchange of data or documents between public

undertakings and public sector bodies purely in pursuit of the public tasks

of public sector bodies;

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(52) ‘high-value datasets’ means data and documents the re-use of which is

associated with important benefits for society, the environment and the

economy, in particular because of their suitability for the creation of value-

added services, applications and new, high-quality and decent jobs, and

because of the number of potential beneficiaries of the value-added services

and applications based on those data and documents;

(53) ‘certain categories of protected data’ means data and documents held by public

sector bodies which are protected on the grounds of

(a) commercial confidentiality, including business, professional and

company secrets;

(b) statistical confidentiality;

(c) the protection of intellectual property rights of third parties; or

(d) the protection of personal data, insofar as such data fall outside the

scope of Section 2 of Chapter VIIc;

(54) ‘secure processing environment’ means the physical or virtual environment and

organisational means to ensure compliance with Union law in particular with

regard to data subjects’ rights, intellectual property rights, and commercial and

statistical confidentiality, integrity and accessibility, as well as with applicable

national law, and to allow the entity providing the secure processing

environment to determine and supervise all data processing actions, including

the display, storage, download and export of data and the calculation of

derivative data through computational algorithms;

(55) ‘re-user’ means a natural or legal person who was granted the right to re-use

data or documents held by a public sector body or a public undertaking under

Chapter VIIc or to research data or certain categories of protected data;

(56) ‘machine-readable format’ means a file format structured so that software

applications can easily identify, recognise and extract specific data, including

individual statements of fact, and their internal structure;

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(57) ‘open format’ means a file format that is platform-independent and made

available to the public without any restriction that impedes the re-use of

documentsdata ;

(58) ‘formal open standard’ means a standard which has been laid down in written

form, detailing specifications for the requirements on how to ensure software

interoperability;

(59) ‘reasonable return on investment’ means a percentage of the overall charge, in

addition to the amount needed to recover the eligible costs, not exceeding 5

percentage points above the fixed interest rate of the ECB;

(60) ‘data localisation requirement’ means any obligation, prohibition, condition,

limit or other requirement provided for in the laws, regulations or

administrative provisions of a Member State or resulting from general and

consistent administrative practices in a Member State and in bodies governed

by public law, including in the field of public procurement, without prejudice

to Directive 2014/24/EU, which imposes the processing of data in the territory

of a specific Member State or hinders the processing of data in any other

Member State;

(61) ‘draft act’ means a text drafted for the purpose of being enacted as a law,

regulation or administrative provision of a general nature, the text being

at the stage of preparation at which substantive amendments can still be

made;

(6162) ‘pseudonymisation’ means pseudonymisation as referred to under Article

4(5) of Regulation (EU) 2016/679.

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3. in Article 4, paragraph 6 is replaced by the following:

Trade secrets shall be preserved and do not have to be disclosed, unless the

data holder and the user have taken all necessary measures prior to the

disclosure to preserve their confidentiality in particular regarding third

parties. The data holder or, where they are not the same person, the trade

secret holder shall identify the data which are protected as trade secrets,

including in the relevant metadata, and shall agree with the user

proportionate technical and organisational measures necessary to preserve

the confidentiality of the shared data, in particular in relation to third

parties, such as model contractual terms, confidentiality agreements, strict

access protocols, technical standards and the application of codes of conduct.’

33a. in Article 4, paragraph 8 is replaced by the following:

‘8. In exceptional circumstances, Where the data holder who is a trade secret holder is

able to demonstrate that, despite the technical and organisational measures taken by

the user pursuant to paragraph 6 of this Article, it is highly likely to suffer serious

economic damage from the disclosure of trade secrets or that the disclosure of trade

secrets to the user poses a highsignificant risk of unlawful acquisition, use, or

disclosure to third country entities, or entities established in the Union under the

direct or indirect control of such entities, which are subject to jurisdictions offering

weaker or non-equivalent protection compared to that under Union law, in

particular as regards trade secrets representing industrial manufacturing

know-how for entities in the sectors referred to in Annex I and Annex II points

3, 5a, 5d and 5e of Directive (EU) 2022/2555), that data holder may refuse on a

case-by-case basis a request for access to the specific data in question. That

demonstration shall be duly substantiated on the basis of objective elements, such as

the enforceability of trade secrets protection in third countries, the nature and level of

confidentiality of the data requested, and the uniqueness and novelty of the

connected product. It shall be provided in writing to the user without undue delay.

Where the data holder refuses

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Data holders who refuse to share data pursuant to this paragraph, itthe first sub-

paragraph shall notify all instances of refusal to the competent authority

designated pursuant to Article 37 every 3 months.;

The Commission shall issue guidelines, in consultation with the European Data

Innovation Board (EDIB), on the application of this paragraph, such as the

assessment of serious economic damage, the critical economic sectors and the

type of data in those critical economic sectors that typically may give rise to

serious economic damage when unlawfully disclosed to third parties, and as

regards risks for third country disclosure, on the enforceability of trade secrets

protection in third countries, and how to assess the control of economic

operators by third-country entities.

4. in Article 5, paragraph 9 is replaced by the following:

Trade secrets shall be preserved and do not have to be disclosed to third parties,

unless the disclosure is strictly necessary to fulfil the purpose agreed between the

user and the third party and the data holder and the third party have taken all

necessary measures prior to the disclosure to preserve their confidentiality in

particular regarding other parties. The data holder or, where they are not the

same person, the trade secret holder shall identify the data which are protected as

trade secrets, including in the relevant metadata, and shall agree with the third

party proportionate technical and organisational measures necessary to preserve

the confidentiality of the shared data, in particular in relation to other parties,

such as model contractual terms, confidentiality agreements, strict access

protocols, technical standards and the application of codes of conduct.’

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44a. in Article 5, paragraph 11 is replaced by the following:

‘11. In exceptional circumstances, Where the data holder who is a trade secret holder is

able to demonstrate that, despite the technical and organisational measures taken by

the third party pursuant to paragraph 9 of this Article, it is highly likely to suffer

serious economic damage from the disclosure of trade secrets or that the disclosure

of trade secrets to the third party poses a high risksignificant of unlawful acquisition,

use, or disclosure to third country entities, or entities established in the Union under

the direct or indirect control of such entities, which are subject to jurisdictions

offering weaker or non-equivalent protection compared to that under Union law, in

particular as regards trade secrets representing industrial manufacturing

know-how for entities in the sectors referred to in Annex I and Annex II points

3, 5a, 5d and 5e of Directive (EU) 2022/2555), that data holder may refuse on a

case-by-case basis a request for access to the specific data in question. That

demonstration shall be duly substantiated on the basis of objective elements, such as

the enforceability of trade secrets protection in third countries, the nature and level of

confidentiality of the data requested, and the uniqueness and novelty of the

connected product. It shall be provided in writing to the third party without undue

delay. Where the data holder refuses

Data holders who refuse to share data pursuant to this paragraph, itthe first sub-

paragraph shall notify all instances of refusal to the competent authority

designated pursuant to Article 37 every 3 months.;

The Commission shall issue guidelines, in consultation with the European Data

Innovation Board (EDIB), on the application of this paragraph, such as the

assessment of serious economic damage, the critical economic sectors and the

type of data in those critical economic sectors that typically may give rise to

serious economic damage when unlawfully disclosed to third parties, and as

regards risks for third country disclosure, on the enforceability of trade secrets

protection in third countries, and how to assess the control of economic

operators by third-country entities.

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4a- In article 10 paragraph 12 is replaced by the following:

‘(12) The decision of a dispute settlement body shall be binding on the parties only

if the parties have explicitly agreed to its binding nature prior to the start of the

dispute settlement proceedings’.

4a. in Article 11 paragraph 1 is replaced by the following:

'(1) 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.’

5. the title of Chapter V is replaced by the following:

‘MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES, THE COMMISSION,

THE EUROPEAN CENTRAL BANK AND UNION BODIES ON THE BASIS OF A

PUBLIC EMERGENCY;’

6. Articles 14 and 15 are deleted;

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7. the following Article 15a is inserted:

‘Article 15a

Obligation for data holders to make data available on the basis of a public emergency

1. Where a public sector body, the Commission, the European Central Bank or a Union

body demonstrates an exceptionalthe need to use certain data to carry out its

statutory duties in the public interest when responding to, mitigating, or supporting

the recovery from a public emergency, it may request from data holders that are legal

persons, other than public sectors bodies, to make available those data, including the

metadata necessary to interpret and use those data. Upon such duly reasoned request,

data holders shall make the data and metadata available to the requesting public

sector body, the Commission, the European Central Bank or Union body. Such

requests may also be made where the production of official statistics is required in

relation to a public emergency.

2. Where the data requested are necessary to respond to a public emergency, and the

requesting body pursuant to paragraph 1 is unable to obtain such data by other means

in a timely and effective manner under equivalent conditions, the request shall

concern non-personal data. Where the provision of non-personal data is insufficient

to addressrespond to the public emergency, personal data may also be requested

and, where possible, made available in pseudonymizedpseudonymised form, subject

to appropriate technical and organisational measures to ensure their protection.

3. Where the data requested are necessary to mitigate or support the recovery from a

public emergency, a and the requesting body pursuant to paragraph 1 acting on the

basis of Union or national law is unable to obtain such data by other means in a

timely and effective manner under equivalent conditions, it may request specific

non-personal data, the lack of which preventprevents it from mitigating or

supporting the recovery from a public emergency. Such requests shall not be made to

microenterprises and small enterprises.;’’

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8. in Article 16, paragraph 2 is replaced by the following:

‘2. This Chapter shall not apply to activities carried out by public sector bodies, the

Commission, the European Central Bank or Union bodies relating to the prevention,

investigation, detection or prosecution of criminal or administrative offences or the

execution of criminal penalties, or to customs or taxation administration. This

Chapter does not affect Union or national law governing such activities.’

9. Article 17 is amended as follows:

(a) paragraph 1 is amended as follows:

(i) the introductory wording is replaced by the following:

‘When requesting data pursuant to Article 15a, a public sector body, the

Commission, the European Central Bank or a Union body shall:;’

(ii) points (b) and (c) are replaced by the following:

‘(b) demonstrate that the conditions to make a for the request under Article

15a are met;

(c) explain the purpose of the request, the intended use of the data requested,

including, where applicable, by a third party in accordance with

paragraph 4 of this Article, the duration of that use, and, where relevant,

how the processing of personal data is to address the public emergency;;’

(b) paragraph 2 is amended as follows:

(i) point (c) is replaced by the following:

‘(c) be proportionate to the public emergency and duly justified, regarding the

granularity and volume of the data requested and the frequency of access

to the data requested;;’

(ii) point (e) is deleted.;

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(iii) Point (i) is replaced by the following:

‘(i)where personal data are requested, be notified without undue delay to

the supervisory authority responsible for monitoring the application of

Regulation (EU) 2016/679 in the Member State where the public sector

body is established or to the EDPS where the request is made by the

Commission, the European Central Bank or a Union body.’

(ba) paragraph 4 is replaced by the following:

‘Paragraph 3 of this Article does not preclude a public sector body, the

Commission, the European Central Bank or a Union body to exchange

data obtained pursuant to this Chapter with another public sector body or

the Commission, the European Central Bank or a Union body in view of

completing the tasks referred to in Article 15a, as specified in the request

in accordance with paragraph 1, point (f), of this Article or to make the

data available to a third party where it has delegated, by means of a

publicly available agreement, technical inspections or other functions to

that third party. The obligations on public sector bodies pursuant to

Article 19, in particular safeguards to preserve the confidentiality of trade

secrets, shall apply also to such third parties. Where a public sector body,

the Commission, the European Central Bank or a Union body transmits or

makes data available under this paragraph, it shall notify the data holder

from whom the data was received without undue delay.’

(c) paragraphs 5 and 6 are deleted;

10. Article 18 is amended as follows:

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(a) in paragraph 2, the introductory wording is replaced by the following:

‘2. Without prejudice to specific needs regarding the availability of data defined in

Union or national law, a data holder may decline or seek the modification of a

request to make data available under this Chapter without undue delay and, in

any event, no later than five working days after the receipt of a request

pursuant to Article 15a(2) and without undue delay and, in any event, no later

than 30 working days after the receipt of a request pursuant to Article 15a(3),

on any of the following grounds:;’

(b) paragraph 5 is deleted;

11. Article 19 is amended as follows:

(a) in paragraph 1, the introductory wording is replaced by the following:

‘A public sector body, the Commission, the European Central Bank or a Union body

receiving data pursuant to a request made under Article 15a shall:;’

(aa) point (c) of paragraph 1 is replaced by the following:

c) erase the data as soon as they are no longer necessary for the stated purpose

and inform the data holder and individuals or organisations that received the

data pursuant to Article 21(1) without undue delay that the data have been

erased, unless archiving of the data is required in accordance with Union or

national law on public access to information in the context of transparency

obligations.’

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(b) paragraph 3 is replaced by the following:

‘3. Disclosure of trade secrets to a public sector body, the Commission, the

European Central Bank or a Union body shall be required only to the extent

that it is strictly necessary to achieve the purpose of a request under Article

15a. In such a case, the data holder or, where they are not the same person, the

trade secret holder shall identify the data which are protected as trade secrets,

including in the relevant metadata. The public sector body, the Commission,

the European Central Bank or the Union body shall, prior to the disclosure of

trade secrets, take all necessary and appropriate technical and organisational

measures to preserve the confidentiality of the trade secrets, including, as

appropriate, the use of model contractual terms, technical standards and the

application of codes of conduct.;’

12. Article 20 is replaced by the following:

‘Article 20

Compensation for making data available under Chapter V

1. Data holders shall make available data necessary to respond to a public emergency

pursuant to Article 15a(2) free of charge. The public sector body, the Commission,

the European Central Bank or the Union body that has received data shall provide

public acknowledgement to the data holder if requested by the data holder.

2. The data holder shall be entitled to fair compensation for making data available in

compliance with a request made pursuant to Article 15a(3). Such compensation shall

cover the technical and organisational costs incurred to comply with the request

including, where applicable, the costs of anonymisation, pseudonymisation,

aggregation and of technical adaptation, and a reasonable margin. Upon request of

the public sector body, the Commission, the European Central Bank or the Union

body, the data holder shall provide information on the basis for the calculation of the

costs and the reasonable margin.

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3. By way of derogation from paragraph 1 of this Article, a data holder that is a

microenterprise or small enterprise may claim compensation for making data

available in response to a request under Article 15a(2), according to the conditions

set in paragraph 2 of this Article.

4. Data holders shall not be entitled to compensation for making data available in

compliance with a request made pursuant to Article 15a(2) or 15a(3), where the

specific taskstatutory duty carried out in the public interest is the production of

official statistics and where the purchase of data is not allowed by national law.

Member States shall notify the Commission where the purchase of data for the

production of official statistics is not allowed by national law.’;’

13. Article 21 is amended as follows:

(a) the heading is replaced by the following:

‘Sharing of data obtained in the context of a public emergency with research

organisations or statistical bodies;’

(b) paragraph 5 is replaced by the following:

‘5. Where a public sector body, the Commission, the European Central Bank or a

Union body intends to transmit or make data available under paragraph 1, it

shall without undue delay notify the data holder from whom the data was

received, stating the following:

(a) the identity and contact details of the organisation or the individual

receiving the data;

(b) the purpose of the transmission or making available of the data;

(c) the period for which the data is to be used and the technical protection;

(d) the technical protection and organisational measures taken, including

where personal data or trade secrets are involved.;’

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14. The following Article 22a is inserted before Chapter VI:

‘Article 22a

Right to lodge a complaint

Where a dispute arises concerning a request for data under Article 15a, including its refusal,

modification, the level of compensation, or the transmission or making available of data, the

data holder, the public sector body, the Commission, the European Central Bank or the Union

body may lodge a complaint with the competent authority, designated pursuant to Article 37,

of the Member State where the data holder is established.;’

15. in Article 31, the following paragraphs 1a, 1b and 1c and 1b are inserted:

‘1a. The obligations laid down in Chapter VI, with the exception of Article 29, and in

Article 34 shall not apply to data processing services other than those referred to in

Article 30(1), where the majority of features and functionalities of the data

processing service has been adapted by the provider to the specific needs of the

customer, if the provision of such services is based on a contract concluded before or

on 12 September 2025.

The provider of such data processing services shall not be required to renegotiate or

amend a contract for the provision of those services before its expiry if that contract was

concluded before or on 12 September 2025. Any contractual provision contained in that

contract that is contrary to Article 29(1), (2), or (3) shall be considered null and void.

1b. A provider of a data processing service may include provisions on proportionate

early termination penalties in a contract of fixed duration on the provision of data

processing services other than those referred to in Article 30(1).

1b. Where the provider of data processing service is a small and medium-sized enterprise

or a small mid-cap, the obligations laid down in Chapter VI, with the exception of

Article 29, and in Article 34 shall not apply to data processing services other than

those referred to in Article 30(1), if the provision of such services is based on a

contract concluded before or on 12 September 2025.

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Where the provider of a data processing service is a small and medium-sized enterprise

or a small mid-cap, the provider shall not be required to renegotiate or amend a contract

for the provision of a data processing service other than those referred to in Article

30(1) before its expiry 1 if that contract was concluded before or on 12 September 2025.

Any contractual provision contained in that contract that is contrary to Article 29(1),

(2), or (3) shall be considered null and void.;

1c. A provider of a data processing service may include provisions on proportionate

early termination penalties in a contract of fixed duration on the provision of

data processing services.’;’

16. Article 32 is amended as follows:

(a) paragraph 1 and 2 are replaced by the following:

‘1. Providers of data processing services, the public sector body making available

data or documents in accordance with Chapter VIIc Section 3, the natural or

legal person to which the right to re-use data or documents in accordance with

Chapter VIIc Section 3 was granted, a data intermediation services provider or

a recognised data altruism organisation shall take all adequate technical,

organisational and legal measures, including contracts, in order to prevent

international and third-country governmental access and transfer of non-

personal data held in the Union where such transfer or access would create a

conflict with Union law or with the national law of the relevant Member State,

including criminal law provisions of Member States, or national law

provisions protecting their essential security interests within the meaning

of Article 4(2) of the Treaty on European Union, without prejudice to

paragraph 2 or 3.

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2. Any decision or judgment of a third-country court or tribunal and any decision

of a third-country administrative authority requiring a provider of data

processing services, the public sector body making available data or documents

in accordance with Chapter VIIc Section 3, the natural or legal person to which

the right to re-use data or documents in accordance with Chapter VIIc Section

3 was granted, a data intermediation services provider or a recognised data

altruism organisation to transfer or give access to non-personal data falling

within the scope of this Regulation held in the Union shall be recognised or

enforceable in any manner only if based on an international agreement, such as

a mutual legal assistance treaty, in force between the requesting third country

and the Union, or any such agreement between the requesting third country and

a Member State.;’

(b) in paragraph 3, first subparagraph, the introductory wording is replaced by the

following:

‘3. In the absence of an international agreement as referred to in paragraph 2,

where a provider of data processing services, the public sector body making

available data or documents in accordance with Chapter VIIc Section 3, the

natural or legal person to which the right to re-use data or documents in

accordance with Chapter VIIc Section 3 was granted, a data intermediation

services provider or a recognised data altruism organisation is the addressee of

a decision or judgment of a third-country court or tribunal or a decision of a

third-country administrative authority to transfer or give access to non-personal

data falling within the scope of this Regulation held in the Union and

compliance with such a decision or judgement would risk putting the addressee

in conflict with Union law or with the national law of the relevant Member

State, transfer to or access to such data by that third-country authority shall

take place only where:’;’

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(c) paragraphs 4 and 5 are replaced by the following:

‘4. If the conditions laid down in paragraph 2 or 3 are met, the provider of data

processing services, the public sector body making available data or documents

in accordance with Chapter VIIc Section 3, the natural or legal person to which

the right to re-use data or documents in accordance with Chapter VIIc Section

3 was granted, the data intermediation services provider or the recognised data

altruism organisation shall provide the minimum amount of data permissible in

response to a request, on the basis of the reasonable interpretation of that

request by the provider or relevant national body or authority referred to in

paragraph 3, second subparagraph.

5. The provider of data processing services, the public sector body making

available data or documents in accordance with Chapter VIIc Section 3, the

natural or legal person to which the right to re-use data or documents in

accordance with Chapter VIIc Section 3 was granted, the data intermediation

services provider or the recognised data altruism organisation shall inform the

natural or legal person whose rights and interests might be affected about the

existence of a request of a third-country authority to access its data before

complying with that request, except where the request serves law enforcement

purposes and for as long as this is necessary to preserve the effectiveness of the

law enforcement activity.;’

17. Article 36 is deleted.

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18. the following Chapters VIIa, VIIb and VIIc are inserted:

‘CHAPTER VIIa

Voluntary registration of data intermediation services and data altruism organisations’

Article 32a

Public Union registers for voluntary data intermediation services and data altruism

organisations

(1) The Commission shall keep and regularly update public Union registers of:

(a) recognised data intermediation services providers; and

(b) recognised data altruism organisations.

(2) Data intermediation services providers registered in the public Union register

referred to in paragraph 1 point (a) may use the label ‘data intermediation services

provider recognised in the Union’ in its written and spoken communication, as well

as a common logo referred to in paragraph 4.

(3) Data altruism organisations registered in the public Union register referred to in

paragraph 1 point (b) may use the label ‘data altruism organisation recognised in the

Union’ in its written and spoken communication, as well as the common logo

referred to in paragraph 4.

(4) In order to ensure that data intermediation services providers recognised in the

Union and data altruism organisations recognised in the Union are easily

identifiable throughout the Union, the Commission is empowered to

adopt implementing acts establishing a design for the common logo. Those

implementing acts shall be adopted in accordance with the advisory procedure

referred to in Article 46(1a).

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Article 32b

Competent authorities for the registration of data intermediation services providers and

data altruism organisations

(1) Each Member State shall designate one or more competent authorities responsible for

the application and enforcement of this Chapter in accordance with Article 37(1).

(2) The competent authorities shall be set up in a manner so that their independence

from any recognised data intermediation services provider or recognised data

altruism organisation is guaranteed.

Article 32c

General requirements for registration of recognised data intermediation services

providers

In order to qualify for registration in the public Union register referred to in Article 32a

paragraph 1 point (a), a data intermediation services providerproviders shall meet all of

the following requirements:

(a) they do not use the data for which it provides data intermediation services for

purposes other than to put them at the disposal of data users;

(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;, which may entail the use of data for the detection of

fraud or for cybersecurity.

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(c) where they offer additional tools and services to data holders or, data subjects

or data users for the specific purpose of facilitating the exchange of data, such

as temporary storage, curation, conversion, encryption, anonymisation and

pseudonymisation or other relevant privacy-enhancing technologies, such

tools and services are used only at the explicit request or approval of the data

holder or data subject or data user;

(d) where data intermediation service providers which are not micro and small

sized enterprises offer value-added services to their clients other than data

intermediation services and the additional tools andthe services referred to

in point (c), they fulfil the following conditions:

(i) the value-addedsuch other services are explicitly requested by the data

holder, data subject or data user;

(ii) the data are not used for other purposes than performing the value-

addedrequested service;

(iii) the value-addeddata intermediation services are offered through aan

entity functionally separate entityfrom entities offering other services;

(iv) the undertaking seeking to offer the value-addedother services is not

designated as a gatekeeper pursuant to Article 3 of Regulation (EU)

2022/1925;

(v) the commercial terms, including pricing, for the provision of data

intermediation services to a data holder or data user are not dependent

upon whether the data holder or data user uses value-addedother services

provided by the data intermediation services provider or by a related

entity;

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(e) the data intermediation services provider offering services to data subjects acts

in the data subjects’ best interest where it facilitates the exercise of their rights,

in particular by informing and, where appropriate, advising data subjects in a

concise, transparent, intelligible and easily accessible manner about intended

data uses by data users and standard terms and conditions attached to such uses

before data subjects give consent.

(f) 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;

(g) the data intermediation services provider maintains a log record of the

data intermediation activity;

(h) the data intermediation services provider takes necessary technical or

organizational measures to ensure an appropriate level of security for the

storage, processing and transmission of non-personal data.

Point (d)(iii), of the first sub-paragraph does not apply to micro and small

sized enterprises.

Article 32d

General requirements for registration of recognised data altruism organisations

In order to qualify for registration in the public Union register referred to in Art. 32a

paragraph 1 point (b), a data altruism organisation shall meet all of the following

requirements:

(a) they carry out data altruism activities;

(b) they are a legal person established pursuant to national law to meet objectives

of general interest as provided for in national law, where applicable;

(c) they operate on a not-for-profit basis and are legally independent from any

entity that operates on a for-profit basis;

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(d) they carry out their data altruism activities through a structure that is

functionally separate from their other activities.

Article 32e

Registration in public Union register

(1) Data intermediation services provider which meets the requirements set out in Article

32c may submit an application for registration in the public Union register of

recognised data intermediation services providers to the competent authority referred

to in Article 32b in the Member State in which they have their main establishment.

A data altruism organisation which meets the requirements set out in Article 32d may

submit an application for registration in the public Union register of recognised data

altruism organisations to the competent authority referred to in Article 32b in the

Member State in which they have their main establishment.

(2) Data intermediation services providers and data altruism organisations that have no

main establishment in the Union shall designate a legal representative in one of the

Member States. The legal representative shall be mandated to be addressed in

addition to or instead of the data intermediation services provider or data altruism

organisation by competent authorities, data users or data subjects and data holders.

The legal representative shall cooperate with and comprehensively demonstrate to

the competent authority, upon request, the actions taken and provisions put in place

by the data intermediation services provider or the data altruism organisation to

ensure compliance with this Regulation. Article 37(11) and (12) do not apply to

data intermediation services providers and data altruism organisations.

The data intermediation services provider or data altruism organisation shall be deemed

to be under the jurisdiction of the Member State in which the legal representative is

located. The designation of a legal representative shall be without prejudice to any legal

actions which could be initiated against the data intermediation services provider or data

altruism organisation.

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(3) Competent authorities shall establish the necessary application forms.

(4) Where a data intermediation services provider has submitted all necessary

information pursuant to paragraph 3 of this Article, and complies with the

requirements set out in Article 32c, the competent authority shall, within 12 weeks

after the receipt of the application for registration, take a decision on whether the

provider complies with the criteria set out in Article 32c. Where the competent

authority requests the applicant to provide additional information necessary to

assess compliance with Article 32c, the time limit shall be suspended until the

competent authority has received that information. In duly justified cases,

where the assessment of compliance requires additional time due to the

complexity or novelty of the services, the competent authority may extend the

time limit once by a maximum of 12 weeks and shall inform the applicant

accordingly, stating reasons. Where the provider complies with the criteria, the

competent authority shall submit the relevant information to the Commission which

shall register the providers in the public Union register as a recognised data

intermediation services provider.

The first subparagraph shall also apply where a data altruism organisation has submitted

all necessary information pursuant to paragraph 23, and complies with the registration

requirements set out in Article 32d.

The registration in the public Union register shall be valid in all Member States.

(5) The competent authority may charge fees for the registration in accordance with

national law. Such fees shall be proportionate and objective and be based on the

administrative costs related to the monitoring of compliance. In the case of small-mid

caps, small and medium-sized enterprises, and start-ups, the competent authority may

charge a discounted fee or waive the fee.

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(6) Registered entities shall notify within a reasonable time the competent authority of

any subsequent changes to the information as provided during the application process

or where they cease their data intermediation or data altruism activities in the Union.

(7) The competent authority shall without delay and by electronic means notify the

Commission of any notification pursuant to paragraph 6. The Commission shall

without undue delay update the public Union register.

Article 32f

Duties of recognised data altruism organisations

(1) Recognised data altruism organisations shall inform data subjects or data holders

prior to any processing of their data in a clear and easily comprehensible manner of

the following:

(a) the objectives of general interest and, if applicable, the specified, explicit and

legitimate purpose for which personal data is to be processed, and for which it

permits the processing of their data by a data user;

(b) the location of the processing and the objectives of general interest for which it

permits any processing carried out in a third country, where the processing is

carried out by the recognised data altruism organisation.

(2) Recognised data altruism organisations shall not use the data for other objectives

than the objectives of general interest for which the data subject or data holder allows

the processing. The recognised data altruism organisation shall not use misleading

marketing practices to solicit the provision of data.

(3) Recognised data altruism organisations shall provide electronic means for obtaining

consent from data subjects or permissions to process data made available by data

holders as well as for their withdrawal.

(4) Recognised data altruism organisations shall, without delay, inform data holders in

the event of any unauthorised transfer, access or use of the non-personal data that it

has shared.

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(5) Where recognised data altruism organisations facilitate data processing by third

parties, including by providing tools for obtaining consent from data subjects or

permissions to process data made available by data holders, they shall, where

relevant, specify the third-country in which the data use is intended to take place.

Article 32g

Monitoring of compliance

(1) The competent authorities referred to in Article 32b shall, either on their own

initiative or on a request by a natural or legal person, monitor and supervise whether

recognised data intermediation services providers and recognised data altruism

organisations comply with the requirements laid down in this Chapter, including

whether they continue to comply with the requirements for registration laid down

therein. Those competent authorities may also monitor and supervise the

compliance of data intermediation services providers and recognised data

altruism organisations, on the basis of a request by a natural or legal person.

(2) The competent authorities shall have the power to request from recognised data

intermediation services providers or recognised data altruism organisations, or their

legal representative, all the information that is necessary to verify compliance with

the requirements laid down in this Chapter. Any request for information shall be

proportionate to the performance of the task and shall be reasoned.

(3) Where a competent authority finds that a recognised data intermediation services

provider or a recognised data altruism organisation does not comply with one or

more of the requirements laid down in this Chapter, it shall notify that entity, or its

legal representative, of those findings and give it the opportunity to state its views,

within 30 days of the receipt of the notification.

(4) The competent authority shall have the power to require the cessation of the non-

compliance referred to in paragraph 3 either immediately or within a reasonable time

limit and shall take appropriate and proportionate measures with the aim of ensuring

compliance.

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(5) If a recognised data intermediation services provider or a recognised data altruism

organisation does not comply with one or more of the requirements laid down in this

Chapter even after having been notified in accordance with paragraph 3, that entity

shall:

(a) lose its right to use the label referred to in Article 32a in written and spoken

communication;

(b) be removed from the public Union register referred to in Article 32a.

Any decision revoking the right to use the label as referred to in the first subparagraph,

point (a), shall be made public by the competent authority and shall be notified to the

Commission. The Commission shall remove the entity from the public Union

register..

CHAPTER VIIb

Free flow of non-personal data inwithin the Union’

Article 32h

Prohibition of localisation requirements for non-personal data within the Union

(1) Data localisation requirements for non-personal data shall be prohibited, unless they

are justified on grounds of public security in compliance with the principle of

proportionality or laid down on the basis of Union law.

(2) Member States shall immediately communicate to the Commission any draft act

which introduces a new data localisation requirement or makes changes to an

existing data localisation requirement in accordance with the procedures set out in

Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of

the Council.’

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Chapter VIIc

Re-use of data and documents held by public sector bodies

Section 1

General Provisions

Article 32i

Subject matter and scope

(1) This Chapter establishes a set of rules governing the re-use and the practical

arrangements for facilitating the re-use of the following:

(a) existing data and documents held by public sector bodies of the Member

States, including certain categories of protected data;

(b) existing data and documents held by public undertakings that are:

(i) active in the areas referred to in Chapter II of Directive 2014/25/EU of

the European Parliament and of the Council;

(ii) acting as public service operators pursuant to Article 2 of Regulation

(EC) No 1370/2007 of the European Parliament and of the Council;

(iii) acting as air carriers fulfilling public service obligations pursuant to

Article 16 of Regulation (EC) No 1008/2008 of the European Parliament

and of the Council; or

(iv) acting as Community shipowners fulfilling public service obligations

pursuant to Article 4 of Council Regulation (EEC) No 3577/92 ;

(c) research data pursuant to the conditions set out in Article 32t.

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(2) This Chapter does not apply to the following:

(a) data and documents the supply of which is an activity falling outside the

scope of the public task of the public sector bodies concerned as defined by law

or by other binding rules in the Member State, or, in the absence of such rules,

as defined in accordance with common administrative practice in the Member

State in question, provided that the scope of the public tasks is transparent and

subject to review;

(b) data and documents held by public undertakings and:

(i) produced outside the scope of the provision of services in the general

interest as defined by law or other binding rules in the Member State;

(ii) related to activities directly exposed to competition and therefore,

pursuant to Article 34 of Directive 2014/25/EU, not subject to

procurement rules;

(c) data and documents, such as sensitive data or documents, which are excluded

from access by virtue of the access regimes in the Member State on grounds of

the protection of national security (namely, State security), defence, or public

security;

(d) data and documents held by public service broadcasters and their subsidiaries,

and by other bodies or their subsidiaries for the fulfilment of a public service

broadcasting remit.

(3) Section 2 of this Chapter does not apply to:

(a) data or documents, such as sensitive data or documents, which are excluded

from access by virtue of the access regimes in the Member State, including on

grounds of:

(i) statistical confidentiality; 

(ii) commercial confidentiality (including business, professional or company

secrets); 

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(b) data or documents access to which is restricted by virtue of the access regimes

in the Member States,

(i) including cases whereby citizens or legal entities have to prove a

particular interest to obtain access to documents;

(ii) on grounds of protection of personal data, andas well as parts of data or

documents accessible by virtue ofunder those regimes which contain

personal data the re-use of which has been defined by law as being

incompatible with the law concerninglegal framework for the protection

of individuals with regard to the processing of personal data or as

undermining the protection of privacy and the integrity of the individual,

in particular in accordance withunder Union or national law regarding

the protection of personal data; logos, crests and insignia;

(c) logos, crests and insignia;

(c)(d) data or documents for which third parties hold intellectual property rights;

(d)(e) data or documents held by cultural establishments other than libraries,

including university libraries, museums and archives;

(e)(f) data or documents held by educational establishments of secondary level and

below, and, in the case of all other educational establishments, data other than

those referred to in paragraph 1, point (c);

(f)(g) data or documents other than those referred to in paragraph 1, point (c), held by

research performing organisations and research funding organisations,

including organisations established for the transfer of research results;

(g)(h) data or documents access to which is excluded or restricted on grounds of

critical entity or critical infrastructure protection related information as defined

in points (1) and (4) of Article 2 of Directive (EU) 2022/2557.

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(4) Section 3 of this Chapter does not apply to:

(a) data and documents that are not certain categories of protected data;

(b) data or documents held by public undertakings;

(c) data or documents held by cultural establishments and educational

establishments;

(d) data and documents covered by Section 2 of this Chapter.

Section 3 does not create any obligation on public sector bodies to allow

the re-use of data, nor does it release public sector bodies from their

confidentiality obligations under Union or national law.

(5) This Chapter builds on, and is without prejudice to, Union and national access

regimes, in particular with regard to the granting of access to and disclosure of

official data or documents.

(6) The obligations imposed in accordance with this Chapter shall apply only insofar as

they are compatible with the provisions of international agreements on the protection

of intellectual property rights, in particular the Berne Convention for the Protection

of Literary and Artistic Works (Berne Convention), the Agreement on Trade-related

Aspects of Intellectual Property Rights (TRIPS Agreement and the World

Intellectual Property Organization Copyright Treaty (WCT).

(7) The right for the maker of a database provided for in Article 7(1) of Directive

96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use

of data and documents or to restrict re-use beyond the limits set by this Chapter.

(8) This Chapter governs the re-use of existing data and documents held by public sector

bodies and public undertakings of the Member States, including data and documents

to which Directive 2007/2/EC of the European Parliament and of the Council applies.

(9) This Chapter is without prejudice to Union and national law and international

agreements to which the Union or Member States are party on the protection of

categories of data or documents referred to in Article 2(5453).

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(10) This Chapter shall enter into application as of [24 months after the publication

in the Official Journal of the European Union of this Regulation].

Article 32j

Non-discrimination

(1) Any applicable conditions for the re-use of data or documents shall be non-

discriminatory, transparent, proportionate and objectively justified with regard to the

categories of data or documents and the purposes of re-use and the nature of the data

or documents for which re-use is allowed. Those conditions shall not be used to

restrict competition. This principle shall equally apply for comparable categories of

re-use, including for cross-border re-use.

(2) If data or documents are re-used by a public sector body as input for its commercial

activities which fall outside the scope of its public tasks, the same charges and other

conditions shall apply to the supply of the data or documents for those activities as

the ones that apply to other re-users.

Article 32k

Exclusive arrangements

(1) The re-use of data or documents shall be open to all potential actors in the market,

even if one or more market actors already exploit added-value products based on

those data or documents. Agreements or other arrangements or practices pertaining

to the re-use of data or documents, which have as their objective or effect to grant

exclusive rights or to restrict the availability of data or documents for re-use by

entities other than the parties to such agreements, arrangements or practices, shall be

prohibited.

(2) By way of derogation of paragraph 1, where an exclusive right is necessary for the

provision of a service of general interest, such a right may be granted to the extent

necessary for the provision of the service or the supply of the product under the

following conditions:

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(a) the exclusive right is granted through an administrative act or contractual

agreement in accordance with applicable Union and national law and in

compliance with the principles of transparency, equal treatment and non-

discrimination.

(b) the agreements or administrative acts granting the exclusive right, including

the reasons as to why it is necessary to grant such a right, isshall be transparent

and shall be made publicly available online, in a form that complies with

relevant Union law on public procurement and national law.

(c) except for exclusive rights related to the digitisation of cultural resources, the

validity of the reason for granting exclusive rights concerning data and

documents within the scope of Section 2 shall be subject to regular review, and

for data and documents in scope of Section 2 shall in any event, be reviewed

every three years.

(d) exclusive arrangements concerning data and documents in Scope of Section

2 established on or after 16 July 2019 shall be made publicly available online at

least two months before they come into effect. The final terms of such

arrangements shall be transparent and shall be made publicly available online.

(3) By way of derogation of paragraph 1, where an exclusive right relates to the

digitisation of cultural resources, the period of exclusivity shall in general not exceed

10 years. Where that period exceeds 10 years, its duration shall be in accordance

with applicable Union and national law subject to review during the 11th year and, if

applicable, every seven years thereafter.

(4) In the case of an exclusive right referred to in paragraph 3, the public sector body

concerned shall be provided free of charge with a copy of the digitised cultural

resources as part of those arrangements. That copy shall be available for re-use at the

end of the period of exclusivity.

(5) For certain categories of protected data, the duration of an exclusive right to re-use

data shall not exceed 12 months. Where a contract is concluded or administrative

act is adopted, the duration of the contractarrangement shall be the same as the

duration of the exclusive right.

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(6) Agreements or other arrangements or practices that, without expressly granting an

exclusive right, aim at, or could reasonably be expected to lead to, a restricted

availability for the re-use of data and documents within the scope of Section 2 by

entities other than parties to such arrangementsshallarrangements shall be made

publicly available online at least two months before their coming into effect. The

effect of such legal or practical arrangements on the availability of data for re-use

shall be subject to regular reviews and shall, in any event, be reviewed every three

years. The final terms of such arrangements shall be transparent and made publicly

available online.

(7) For existing exclusive arrangements, the following shall apply:

(a) exclusive arrangements concerning data and documents within the scope of

Section 2existing2 existing on 17 July 2013 that do not qualify for the

exceptions set out in paragraphs 2 and 3 and that were entered into by public

sector bodies shall be terminated at the end of the contract and in any event not

later than 18 July 2043;

(b) exclusive arrangements concerning data and documents within the scope of

Section 2 existing on 16 July 2019 that do not qualify for the exceptions set out

in paragraphs 2 and 3, and that were entered into by public undertakings, shall

be terminated at the end of the contract and in any event not later than 17 July

2049; 

Article 32l

General principles relating to charging

(1) Any charges set out under Section 2 or Section 3 shall be transparent, non-

discriminatory, proportionate and objectively justified and shall not restrict

competition.

(2) In the case of standard charges for the re-use of data or documents, any applicable

conditions and the actual amount of those charges, including the calculation basis for

such charges, shall be established in advance and published, through electronic

means where possible and appropriate.

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(3) In the case of charges for the re-use other than those referred to in paragraph 12, the

factors that are taken into account in the calculation of those charges shall be

indicated at the outset. Upon request, the holder of the data or documents in question

shall also indicate the way in which such charges have been calculated in relation to

a specific re-use request.

(4) Public sector bodies shall ensure that any charges can also be paid online through

widely available cross-border payment services, without discrimination based on the

place of establishment of the payment service provider, the place of issue of the

payment instrument or the location of the payment account within the Union.

Article 32la

Procedure for re-quests for re-use

(1) Public sector bodies shall, through electronic means where possible and

appropriate, process requests for re-use and shall make the data or document

available for re-use to the applicant or, if a licence is needed, finalise the licence

offer to the applicant within a reasonable time that is consistent with the time

frames laid down for the processing of requests for access to data or documents.

(2) Unless shorter time limits have been established in accordance with national

law:

(a) Public sector bodies shall process the request for re-use of data and documents

in scope of Section II of this Chapter and, in case of a positive decision, shall

deliver the data or documents to the applicant or, if a licence is needed, finalise

the licence offer to the applicant as soon as possible and in principle within 20

working days of receipt. That time frame may be extended by a further 20

working days in the case of extensive or complex requests;

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(b) Public sector bodies or the competent bodies referred to in paragraph 1 of

Article 32z shall adopt a decision on the request for re-use of certain categories

of protected data as soon as possible and in any event within two months of

receipt and, in the case of a positive decision, shall grant access to the protected

data for re-use in accordance with the modalities referred to in Article 32w,

where possible. In the case of exceptionally extensive and complex requests for

re-use, the two-month period to adopt a decision may be extended by up to 30

days.

(2a) Where time limits under paragraph 2 are extended, the public sector body and

in the case of certain categories of protected data the competent body shall

notify the applicant as soon as possible, and in any event within three weeks of

the initial request, stating the reasons.

(3) In the event of a negative decision, the public sector bodies or competent bodies

where relevant, shall communicate the grounds for refusal to the applicant on

the basis of the relevant provisions of the access regime in that Member State or

the provisions of this Regulation. Where a negative decision is based on point

(d) of paragraph 3 of Article 32i, the public sector body or competent body shall

include a reference to the natural or legal person who is the rightsholder, where

known, or alternatively to the licensor from which the public sector body has

obtained the relevant material. Libraries, including university libraries,

museums and archives, shall not be required to include such a reference.

(4) Any natural or legal person directly affected by a decision as referred to in

paragraph 1, 2 or 3 shall have an effective right of redress in the Member State

where the relevant body is located. Such a right of redress shall be laid down in

national law and shall include the possibility of review by an impartial body with

the appropriate expertise, such as the national competition authority, the relevant

access-to-documents authority, the supervisory authority established in

accordance with Regulation (EU) 2016/679 or a national judicial authority, whose

decisions are binding upon the public sector body or the competent body

concerned.

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(5) Where the request for re-use relates to data and documents in scope of Section

2 of this Chapter, this article shall not apply to the following entities:

(a) public undertakings;

(b) educational establishments, research performing organisations and

research funding organisations.

Article 32m

Information on means of redress

Public sector bodies shall ensure that applicants for re-use of data or documents are

informed of available means of redress relating to decisions or practices affecting them.

Any decision on re-use shall contain a reference to the means of redress by which

the applicant may challenge the decision.

Section 2

Re-use of public sector open government data

Subsection 1

Scope and General Principles

Article 32n

General principle for re-use of public sector open government data

(1) Data or documents in scope of this Section shall be re-usable for commercial or non-

commercial purposes in accordance with Section 1 and Section 2 Subsection 32.

(2) For data or documents in which libraries, including university libraries, museums and

archives hold intellectual property rights and for data or documents held by public

undertakings, where the re-use of such data or documents is allowed, those data or

documents shall be re-usable for commercial or non-commercial purposes in

accordance with Section 1 and Section 2 Subsection 32.

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Subsection 2

Requests for re-use

Article 32o

Processing requests for re-use

(1) Public sector bodies shall, through electronic means where possible and appropriate,

process requests for re-use and shall make the document available for re-use to the

applicant or, if a licence is needed, finalise the licence offer to the applicant within a

reasonable time that is consistent with the time frames laid down for the processing

of requests for access to data or documents.

(2) Where no time limits or other rules regulating the timely provision of data or

documents have been established, public sector bodies shall process the request and

shall deliver the data or documents for re-use to the applicant or, if a licence is

needed, finalise the licence offer to the applicant as soon as possible, and in any

event within 20 working days of receipt. That time frame may be extended by a

further 20 working days in the case of extensive or complex requests. In such cases,

the applicant shall be notified as soon as possible, and in any event within three

weeks of the initial request, that more time is needed to process the request and the

reasons why.

(3) In the event of a negative decision, the public sector bodies shall communicate the

grounds for refusal to the applicant on the basis of the relevant provisions of the

access regime in that Member State or the provisions of this Regulation, in particular

points (a) to (c) of paragraph 2 of Article 32i and points (a) to (d) of paragraph 3 of

Article 32i or Article 32n (general principle ODD Section). Where a negative

decision is based on point (d) of paragraph 3 of Article 32i, the public sector body

shall include a reference to the natural or legal person who is the rightsholder, where

known, or alternatively to the licensor from which the public sector body has

obtained the relevant material. Libraries, including university libraries, museums and

archives, shall not be required to include such a reference.

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(4) The means of redress shall include the possibility of review by an impartial review

body with the appropriate expertise, such as the national competition authority, the

relevant access to data or documents authority, the supervisory authority established

in accordance with Regulation (EU) 2016/679 or a national judicial authority, whose

decisions are binding upon the public sector body concerned.

(5) For the purposes of this Article, Member States shall establish practical arrangements

to facilitate effective re-use of data or documents. Those arrangements may in

particular include the means to supply adequate information on the rights provided

for in this Regulation and to offer relevant assistance and guidance.

(6) This Article shall not apply to the following entities:

(a) public undertakings;

(b) educational establishments, research performing organisations and research

funding organisations.

Subsection 32

Conditions for re-use

Article 32p

Available formats

(1) Without prejudice to Subsection 5, public sector bodies and public undertakings shall

make their data or documents available in any pre-existing format or language and,

where possible and appropriate, by electronic means, in formats that are open,

machine-readable, accessible, findable and re-usable, together with their metadata.

Both the format and the metadata shall, where possible, comply with formal open

standards. Public sector bodies and public undertakings shall make their

documents available in any pre-existing format or language.

(2) Member States shall encourageWherever possible and appropriate, public sector

bodies and public undertakings to shall produce and make available data or

documents falling within the scope of this Section in accordance with the principle of

‘open by design and by default’.

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(3) Paragraph 1 shall not imply an obligation for public sector bodies to create or

adapt data or documents or provide extracts in order to comply with that

paragraph where this would involve disproportionate effort, going beyond a simple

operation.

(4) Public sector bodies shall not be required to continue the production and storage of a

certain type of data or document with a view to the re-use of such data or documents

by a private or public sector organisation.

(5) Public sector bodies shall make dynamic data available for re-use immediately after

collection, via suitable APIs and, where relevant, as a bulk download.

(6) Where making dynamic data available for re-use immediately after collection, as

referred to in paragraph 5, would exceed the financial and technical capacities of the

public sector body, thereby imposing a disproportionate effort, those dynamic data

shall be made available for re-use within a time frame or with temporary technical

restrictions that do not unduly impair the exploitation of their economic and social

potential.

(7) Paragraphs 1 to 6 shall apply to existing data or documents held by public

undertakings which are available for re-use.

(8) The high-value datasets, as listed in accordance with Article 32v(1) shall be made

available for re-use in machine- readable format, via suitable APIs and, where

relevant, as a bulk download.’

Article 32q

Principles governing charging for public sector open government data

(1) The re-use of data or documents within the scope of this Section shall be free of

charge. However, the recovery by the public sector body holding the data or

documents of the marginal costs incurred for the reproduction, provision, extensive

searches and dissemination of such data or documents as well as for anonymisation

of personal data and measures taken to protect commercially confidential

information and other information protected by law may be allowed.

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(2) Paragraph 1 shall not apply to the following entities:

(a) public sector bodies that are required to generate revenue to cover a substantial

part of their costs relating to the performance of their public tasks;

(b) libraries, including university libraries, museums and archives;

(c) public undertakings.

(3) Member States shall publish online a list of the public sector bodies referred to in

paragraph 2, point (a).

(4) In the cases referred to in paragraph 2, points (a) and (c), the total charges shall be

calculated in accordance with objective, transparent and verifiable criteria. Such

criteria shall be laid down by Member States. The total income from supplying and

allowing the re-use of data or documents over the appropriate accounting period shall

not exceed the cost of their collection, production, reproduction, dissemination and

data storage, together with a reasonable return on investment, and where applicable,

the anonymisation of personal data and measures taken to protect commercially

confidential information. Charges shall be calculated in accordance with the

applicable accounting principles.

(5) Where charges are made by the public sector bodies referred to in paragraph 2, point

(b), the total income from supplying and allowing the re-use of data or documents

over the appropriate accounting period shall not exceed the cost of collection,

production, reproduction, dissemination, data storage, preservation and rights

clearance and, where applicable, the anonymisation of personal data and measures

taken to protect commercially confidential information, together with a reasonable

return on investment. Charges shall be calculated in accordance with the accounting

principles applicable to the public sector bodies involved.

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(6) Public sector bodies may set outCharges higher than the charges provided for in

paragraphs 1, 4 and 5 may be set out for the re-use of data and documents by very

large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such

charges shall be proportionate and based on objective criteria, taking into account the

economic power, or the ability of the entity to acquire data or documents, including

in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In

addition to the elements listed in paragraph 1 of this Article, such charges may cover

the cost of collection, production, reproduction dissemination and data storage and

where applicable the cost of anonymisation or measures to protect the confidentiality

of the data or documents, together with a reasonable return on investment.

(7) The re-use of the following shall be free of charge for the userre-user:

(a) subject to Article 32v paragraph (3), (4) and (5), the high-value datasets, as

listed in accordance with paragraph 1 of that Article;

(b) research data referred to in point (c) of paragraph 1 of Article 32i.

Article 32r

Standard licences

(1) The re-use of data or documents shall not be subject to conditions, unless such

conditions are objective, proportionate, non-discriminatory and justified on grounds

of a public interest objective.

(2) When re-use is subject to conditions, those conditions shall not unnecessarily restrict

possibilities for re-use and shall not be used to restrict competition.

(3) In Member States where licences are used, public sector bodies and public

undertakings shall ensure that the standard licences for the re-use of public sector

data or documents, which can be adapted to meet particular licence applications, are

available in digital format and able to be processed electronically.

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(4) Public sector bodies and public undertakings may establish special conditions for

the re-use of data and documents by very large enterprises. Such conditions shall be

proportionate and should be based on objective criteria. They shall be established

taking into consideration the economic power, or the ability of the entity to acquire

data and documents, including in particular a designation as a gatekeeper under

Regulation (EU) 2022/1925.

Article 32s

Practical arrangements

(1) Member States shall make practical arrangements facilitating the search for data or

documents available for re-use, such as asset lists of main data or documents with

relevant metadata, accessible where possible and appropriate online and in machine-

readable format, and portal siteson data portals that are linked to the asset lists.

Where possible, Member States shall facilitate the cross-linguistic search for data or

documents, in particular by enabling metadata aggregation at Union level.

Member States shall also encourage public sector bodies to make practical arrangements

facilitating the preservation of data orand documents available for re-use.

(2) Member States shall, in cooperation with the Commission, continue efforts to

simplifyensure simple access to datasets, in particular by providing a single point of

access and by progressively making available suitable datasets held by public sector

bodies with regard to the data or documents to which this Section applies, as well as

to data and documents held by Union institutions, in formats that are accessible,

readily findable and re-usable by electronic means.

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Subsection 43

Research data

Article 32t

Research data

(1) Member States shall support the availability of research data by adopting national

policies and relevant actions aiming at making publicly funded research data openly

available (‘open access policies’), following the principle of ‘open by default’ and

compatible with the FAIR principles. In that context, concerns relating to intellectual

property rights, personal data protection and confidentiality, security and legitimate

commercial interests, shall be taken into account in accordance with the principle of

‘as open as possible, as closed as necessary’. Those open access policies shall be

addressed to research performing organisations and research funding organisations.

(2) Without prejudice to Article 32n32i, paragraph 3, point (d), research data shall be re-

usable for commercial or non-commercial purposes in accordance with Section 1 and

Section 2 Subsection 32, insofar as they are publicly funded and researchers,

research performing organisations or research funding organisations have already

made them publicly available through an institutional or subject-based repository. In

that context, legitimate commercial interests, knowledge transfer activities and pre-

existing intellectual property rights shall be taken into account.

Subsection 54

High-value datasets

Article 32u

Thematic categories of high-value datasets

(1) The thematic categories of high-value datasets shall be as set out in Annex I.

(2) The Commission is empowered to adopt delegated acts in accordance with Article

45(2a)45(2) in order to amend Annex I by adding new thematic categories of high-

value datasets reflecting technological and market developments.

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Article 32v

Specific high-value datasets and arrangements for publication and re-use

(1) The Commission shall adopt implementing acts laying down a list of specific high-

value datasets belonging to the categories set out in Annex I and held by public

sector bodies and public undertakings among the data or documents to which this

Section applies.

Such specific high-value datasets shall be:

(a) available free of charge, subject to paragraphs 3, 4 and 5and 4;

(b) machine readable;

(c) provided via APIs; and

(d) provided as a bulk download, where relevant.

Those implementing acts may specify the arrangements for the publication and re-use of

high-value datasets. Such arrangements shall be compatible with open standard licences.

The arrangements may include terms applicable to re-use, formats of data and metadata

and technical arrangements for dissemination. Investments made by the Member States

in open data approaches, such as investments into the development and roll-out of

certain standards, shall be taken into account and balanced against the potential benefits

from inclusion in the list.

Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 46(2).

(2) The identification of specific high-value datasets pursuant to paragraph 1 shall be

based on the assessment of their potential to:

(a) generate significant socioeconomic or environmental benefits and innovative

services;

(b) benefit a high number of users, in particular SMEs and SMCs;

(c) assist in generating revenues; and

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(d) be combined with other datasets.

For the purpose of identifying such specific high-value datasets, the Commission shall

carry out appropriate consultations, including at expert level, conduct an impact

assessment and ensure complementarity with existing legal acts, such as Directive

2007/2/EC and Directive 2010/40/EU of the European Parliament and of the Council,

with respect to the re-use of data or documents. That impact assessment shall include a

cost-benefit analysis and an analysis of whether providing high-value datasets free of

charge by public sector bodies that are required to generate revenue to cover a

substantial part of their costs relating to the performance of their public tasks would lead

to a substantial impact on the budget of such bodies. With regard to high-value datasets

held by public undertakings, the impact assessment shall give special consideration to

the role of public undertakings in a competitive economic environment.

(3) By way of derogation from paragraph 1, second subparagraph, point (a), the

implementing acts referred to in that paragraph shall provide that the availability of

high-value datasets free of charge is not to apply to specific high-value datasets held

by public undertakings where that would lead to a distortion of competition in the

relevant markets.

(4) The requirement to make high-value datasets available free of charge pursuant to

point (a) of the second subparagraph of paragraph 1 shall not apply to libraries,

including university libraries, museums and archives.

(5) Where making high-value datasets available free of charge by public sector bodies

that are required to generate revenue to cover a substantial part of their costs relating

to the performance of their public tasks would lead to a substantial impact on the

budget of the bodies involved, Member States may exempt those bodies from the

requirement to make those high-value datasets available free of charge for a period of

no more than two years following the entry into force of the relevant implementing

act adopted in accordance with paragraph 1.

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Section 3

Re-use of certain categories of protected data held by public sector bodies

Article 32w

Conditions for re-use of certain categories of protected data

(1) Public sector bodies which are competent under national law to grant or refuse access

for the re-use of data or documents belonging to certain categories of protected data

shall make publicly available the conditions for allowing such re-use and the

procedure to request the re-use via the single information point referred to in Article

32aa. Where they grant or refuse access for re-use, they may be assisted by the

competent bodies referred to in Article 32z (1).

Member States shall ensure that public sector bodies are equipped with the necessary

resources to comply with this Article and Article 32x.

(2) Re-use of certain categories of protected data or documents shall not affect the

protected nature of those data or documents and shall only be allowed:

(a) in compliance with intellectual property rights.

(b) if data that isare considered confidential in accordance with Union or national

law on commercial or statistical confidentiality, isare not disclosed, as a result

of allowing re-use, unless such re-use is allowed based on the data subject’s

consent or the data holder’s permission in accordance with paragraph 5.

(c) in compliance with Regulation (EU) 2016/679.

(3) To ensure the preservation of the protected nature as referred to in paragraph 2,

public sector bodies may establish the following requirements:

(a) to grant access for the re-use of data or documents only where the public sector

body or the competent body, following the request for re-use, has ensured that

those data or documents have been:

(i) anonymised, in the case of personal data;

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(ii) subject to other forms of preparation of personal data;

(iii) modified, aggregated or treated by any other method of disclosure

control, in the case of commercially confidential information, including

trade secrets or content protected by intellectual property rights;

(b) to access and re-use the data or documents remotely within a secure processing

environment that is provided or controlled by the public sector body;

(c) to access and re-use the data or documents within the physical premises in

which the secure processing environment is located in accordance with high

security standards, provided that remote access cannot be allowed without

jeopardising the rights and interests of third parties.

In the case of re-use allowed in accordance with the first subparagraph, point (a)(i), the

re-use of data or documents shall be subject to the rules on public sector open

government data set out in Section 2. This is without prejudice to Article 32y, which

prevails in case of conflict.

In the case of re-use allowed in accordance with the first subparagraph, points (b) and

(c), the public sector bodies shall impose conditions that preserve the integrity of the

functioning of the technical systems of the secure processing environment used.

(4) The public sector body shall reserve the right to verify the process, the means and

any results of processing of certain categories of data or documents undertaken by

the re-user to preserve the integrity of the protection of the data or documents. It

shall also reserve the right to prohibit the use of results that contain information

jeopardising the rights and interests of third parties. The decision to prohibit the use

of the results shall be comprehensible and transparent to the re-user.

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(4a) Unless national law provides for specific safeguards on applicable confidentiality

obligations relating to the re-use of certain categories of protected data, the public

sector body shall make the re-use of data or documents provided in accordance with

paragraph 3 conditional on the adherence by the re-user to a confidentiality

obligation that prohibits the disclosure of any information that jeopardises the rights

and interests of third parties and that the re-user may have acquired despite the

safeguards put in place. Re-users shall be prohibited from re-identifying any data

subject and shall take technical and operational measures to prevent re-

identification and to notify any data breach resulting in the re-identification of

the data subjects concerned to the public sector body. In the event of the

unauthorised re-use of non-personal data, the re-user shall be obliged, without delay,

where appropriate with the assistance of the public sector body, to inform the natural

or legal persons whose rights and interests may be affected.

(5) Where the re-use of data that are protected on the grounds of commercial or

statistical confidentiality or of intellectual property rights of third partiesor

documents cannot be allowed in accordance with paragraphs 3 and 4, re-use shall

only be possible:

(a) where there is no legal basis other than consent for transmitting the data under

Regulation (EU) 2016/679, with the consent of the data subjects;  

(b) with the permission from the data holders whose rights and interests may be

affected by such re-use.

The public sector body shall make best efforts, in accordance with Union and national

law, to provide assistance to potential re-users in seeking consent of the data subjects or

permission from the data holders whose rights and interests may be affected by such re-

use, where this is feasible without a disproportionate burden on the public sector body.  

Where it provides such assistance, the public sector body may be assisted by the

competent bodies referred to in Article 32z.

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Article 32x

Requirements for transfers of non-personal protected data to third countries by re-users

(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

of the data. 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.

(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 75 only if

the re-user contractually commits to:

(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;

(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.

(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).

(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.

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(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:

(a) ensure protection of intellectual property and trade secrets in a way that is

essentially equivalent to the protection ensured under Union law;

(b) are being effectively applied and enforced; and

(c) provide effective judicial redress.

(6) Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 46(2).

(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.

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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, 4

and 55 and 7 are met.

Article 32y

Fees for the re-use of certain categories of protected data

(1) Public sector bodies which allow re-use of certain categories of protected data may

charge fees for allowing the re-use of such data.

(2) Where public sector bodies charge fees are charged, Member States, they shall

take measures to provide incentives for the re-use of certain categories of protected

data for non-commercial purposes, such as scientific research purposes, and by start-

ups, SMEs and SMCs in accordance with Union State aid rules. In that regard, public

sector bodies may also make the data available at a discounted fee or free of charge,

in particular to start-ups, SMEs and SMCs, civil society, research and educational

establishments. To that end, public sector bodies may establish a list of categories

of re-users to which data or documents for re-use is made available at a discounted

fee or free of charge may be established. That list, together with the criteria used to

establish it, shall be made public.

(3) Any fees shall be derived from the costs related to conducting the procedure for

requests for the re-use of certain categories of protected data and limited to the

necessary costs in relation to:

(a) the reproduction, provision and dissemination of data;

(b) the clearance of rights;

(c) anonymisation or other forms of preparation of personal data and preparation

of commercially confidential data as provided for in Article 32w(3)[conditions

for re-use];

(d) the maintenance of the secure processing environment;

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(e) the acquisition of the right to allow re-use in accordance with this Section by

third parties outside the public sector; and assisting re-users in seeking consent

from data subjects and permission from data holders whose rights and interests

may be affected by such re-use.

(f) assisting re-users in seeking consent from data subjects and permission

from data holders whose rights and interests may be affected by such re-

use.

(4) The criteria and methodology for calculating fees shall be laid down by the Member

States and published. The public sector body shall publish a description of the main

categories of costs and the rules used for the allocation of costs.

(5) Public sector bodies may charge higher fees than those allowed in accordance with

paragraph 2 and 3 of this Article with respect to very large enterprises, based on

objective criteria, taking into account the economic power, or the ability of the entity

to acquire data, including in particular a designation as a gatekeeper under

Regulation (EU) 2022/1925. Any such calculated fees shall be proportionate. In

addition to the elements listed in paragraph 3 of this Article, they can cover the cost

of collection and production of the data, together with a reasonable return on

investment.

Article 32z

Competent bodies

(1) For the purpose of carrying out the tasks referred to in this Article, each Member

State shall designate one or more competent bodies in accordance with Article 37(1),

which may be competent for particular sectors, but that collectively need to cover all

sectors, to assist the public sector bodies which grant or refuse access for the re-use

of certain categories of protected data. Member States may either establish one or

more new competent bodies or rely on existing public sector bodies or on internal

services of public sector bodies that fulfil the conditions laid down in this Section.

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(2) The competent bodies may be empowered to grant access for the re-use of certain

categories of protected data pursuant to Union or national law which provides for

such access to be granted. Where they grant or refuse access for re-use, those

competent bodies shall be subject to Articles 32k, 32w, 32x, 32y and 32ab.

(3) The competent bodies shall have adequate legal, financial, technical and human

resources to carry out the tasks assigned to them, including the necessary technical

knowledge to be able to comply with relevant Union or national law concerning the

access regimes for the categories of protected data referred to in in Article 2(54).

(4)(3) The assistance referred to in paragraph 1 shall include, where necessary:

(a) providing technical support by making available a secure processing

environment for providing access for the re-use of certain categories of

protected data or documents;

(b) providing guidance and technical support on how to best structure and store

certain categories of protected data to make that those data or documents

easily accessible;

(c) providing technical support for anonymization, pseudonymisation and state-of-

the-art privacy-preserving methods. not limited to personal data, but also to,

and the commercially confidential information, including trade secrets or

content protected by intellectual property rights;

(d) assisting the public sector bodies, where relevant, to provide support to re-users

in requesting consent for re-use from data subjects or permission from data

holders in line with their specific decisions, including on the jurisdiction in

which the data processing is intended to take place and assisting the public

sector bodies in establishing technical mechanisms that allow the transmission

of requests for consent or permission from re-users, where practically feasible;

(e) providing public sector bodies with assistance in assessing the adequacy of

contractual commitments made by a re-user pursuant to Article 32x(2).

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Article 32aa

Single information point

(1) Each Member State shall designate a single information point. That point shall make

available easily accessible information concerning the application of Articles 32w,

32x and 32y. The single information point may be linked to sectoral, regional or

local information points.

(2) The single information point shall be competent to receive enquiries or requests for

the re-use of the certain categories of protected data and shall transmit them, where

possible and appropriate by automated means, to the competent public sector bodies,

or the competent bodies referred to in Paragraph 1 of Article 32z, where relevant.

(3) The single information point may include a separate, simplified and well-

documented information channel for SMEs, SMCs, start-ups and research

establishments addressing their needs and capabilities in requesting the re-use of the

certain categories of data referred to in Article 2(5453).

(4) The single information point shall make available by electronic means a searchable

asset list containing an overview of all available documentdata resources including,

where relevant, those documentdata resources that are available at sectoral, regional

or local information points, with relevant information describing the available data or

documents, including at least the data format and size and the conditions for their re-

use.

(5) The Commission shall establish a European single access point offering a searchable

electronic register of data or documents available in the national single information

points and further information on how to request data or documents via those

national single information points.

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Article 32ab

Procedure for requests for re-use

(1) Unless shorter time limits have been established in accordance with national law, the

competent public sector bodies or the competent bodies referred to in paragraph 1 of

Article 32z shall adopt a decision on the request for the re-use of certain categories of

protected data within two months of the date of receipt of the request.

(2) In the case of exceptionally extensive and complex requests for re-use, that two-

month period may be extended by up to 30 days. In such cases the competent public

sector bodies or the competent bodies referred to in paragraph 1 of Article 32z shall

notify the applicant as soon as possible that more time is needed for conducting the

procedure, together with the reasons for the delay.

(3) Any natural or legal person directly affected by a decision as referred to in

paragraph 1 shall have an effective right of redress in the Member State where the

relevant body is located. Such a right of redress shall be laid down in national law

and shall include the possibility of review by an impartial body with the appropriate

expertise, such as the national competition authority, the relevant access-to-

documents authority, the supervisory authority established in accordance with

Regulation (EU) 2016/679 or a national judicial authority, whose decisions are

binding upon the public sector body or the competent body concerned.

18aa. Article 33 is amended as follows:

(a) Point (d) in paragraph 1 is replaced by the following:

'where applicable, the means to enable the interoperability of tools for automating

the execution of data sharing agreements shall be provided.'

(b) the second subparagraph of paragraph 2 is replaced as follows:

'The Commission shall when adopting delegated acts take into account the advice

of the EDIB.

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18a. Article 37 is amended as follows:

(a) Paragraph (1) is replaced by the following:

(1) ‘Each Member State shall designate one or more competent authorities to be

responsible for the application and enforcement of this Regulation, with

exception of Chapters VIIb and VIIc (competent authorities). Member States

may establish one or more new authorities or rely on existing authorities.’

(b) paragraph 3 is replaced by the following:

The supervisory authorities responsible for monitoring the application of

Regulation (EU) 2016/679 shall be responsible for monitoring the application of

this Regulation insofar as the protection of personal data is concerned.

The European Data Protection Supervisor shall be responsible for monitoring the

application of this Regulation insofar as it concerns the Commission, the European

Central Bank or Union bodies.

The tasks and powers of the supervisory authorities referred to in this

paragraph shall be exercised with regard to the processing of personal data.

(c) paragraph 5 is amended as follows:

(-i) point f is replaced by the following:

'(f) cooperating with competent authorities of other Member States and, where

relevant, with the Commission, or the EDIB, or BEREC, to ensure the consistent

and efficient application of this Regulation, including the exchange of all relevant

information by electronic means, without undue delay, including regarding

paragraph 10 of this Article;'

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(ii) point g is replaced by the following:

‘(g) cooperating with the relevant competent authorities responsible for the

implementation of other Union or national legal acts, including with authorities

competent in the field of data and electronic communication services, with the

supervisory authority responsible for monitoring the application of Regulation

(EU) 2016/679 or with sectoral authorities to ensure that this Regulation is

enforced consistently with other Union and national law, including the exchange of

all relevant information;’

(d) paragraph 17 is added:

17. 'BEREC shall facilitate regular exchanges among national competent

authorities responsible for the application and enforcement of Articles 23 to 31

and Articles 34 and 35 of this Regulation and shall collect and disseminate,

among those national competent authorities, best practices for the application

and enforcement of those articles.’

19. Article 38 is replaced by the following:

‘(1) Without prejudice to any other administrative or judicial remedy, natural and legal

persons shall have the right to lodge a complaint, individually or, where relevant,

collectively:

(a) with the relevant competent authority in the Member State of their habitual

residence, place of work or establishment if they consider that their rights

under this Regulation have been infringed;

(b) any matter falling within the scope of this Regulation specifically against a

recognised data intermediation services provider or a recognised data altruism

organisation, with the relevant competent authority for the registration of data

intermediation services or the relevant competent authority for the registration

of data altruism organisations.

(2) The data coordinator shall, upon request, provide all the necessary information to

natural and legal persons for the lodging of their complaints with the appropriate

competent authority.

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(3) The competent authority with which the complaint has been lodged shall inform the

complainant, in accordance with national law, of:

(a) the progress of the proceedings, of the decision taken; and

(b) the judicial remedies provided for in Article 39.

(4) Competent authorities shall cooperate to handle and resolve complaints

effectively and in a timely manner, including by exchanging all relevant

information by electronic means, without undue delay. This cooperation

shall not affect the cooperation mechanisms provided for by Chapters VI

and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.

(5) This Article shall not apply to Chapters VIIb and VIIc.’

19a. in Article 39, paragraph (4) is inserted:

'(4) This Article shall not apply to Chapters VIIb and VIIc.’’

20. in Article 40, paragraph (6) is inserted(4) is replaced by the following:

‘6.(4) This Article shall not apply to Chapter VIIb and VIIc.

(b) paragraph 5 is deleted. ’

21. after Article 41, the following heading is inserted:

‘CHAPTER IXa

European Data Innovation Board;’

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22. the following Article 41a is inserted:

‘Article 41a

European Data Innovation Board

(1) The European Data Innovation Board is established as a means to advising and

assisting the Commission in coordinating the enforcement of this Regulation and to

serve as a forum of strategic discussion for the development of a European data

economy and data policies.

(2) It shall be composed at least of representatives of Member States competent for

matters related to data, the competent authorities for enforcement of Chapters II, III,

V, VIIa of this Regulation and representatives' of Member States' authorities

overseeing or competent bodies supporting the implementation of Chapterand

VIIc of this Regulation, the European Data Protection Board, the European Data

Protection Supervisor, ENISA, the EU SME Envoy or a representative appointed by

the network of SME envoys. If a Member State has designated more than one

competent authority or competent body, they are represented in the plenary

meetings of the Board by the designated data coordinator. Other competent

authorities or competent bodies entrusted with specific operational

responsibilities for the application and enforcement of this Regulation may

participate in the thematic subgroups of the Board relevant for their

responsibilities. The Commission may decide to add additional categories of

members. In its appointments of individual experts, the Commission shall aim to

achieve gender and geographical balance among the members of the group.

(3) The Commission shall decide on the composition of the different configurations in

which the Board will fulfil its tasks.

(4) The Commission shall chair the meetings of the European Data Innovation Board.’

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23. Article 42 is replaced by the following:

‘Article 42

Role of the EDIB

(1) The EDIB shall support the consistent application of this Regulation by:

(a) serving as a forum for strategic discussions on data policies, data governance,

international data flows and cross-sectoral developments relevant to the

European data economy;

(b) advising and assisting the Commission with regard to developing consistent

practice of competent authorities in the enforcement of Chapters II, III, V, VII,

VIIa and VIIc;

(c) facilitating cooperation between competent authorities through capacity-

building and the exchange of information;

(d) fostering an exchange of experience and good practice between the Member

States in the field of re-use of public sector information in collaboration with

other relevant governance bodies.;

(e) advising and assisting the Commission with regard to the implementation

of Chapters II, III, V, VII, VIIa and VIIc by suggesting development of

guidance for businesses and public organisations;

(f) advising and assisting the Commission on cross-sector standardisation

issues;

(g) ensuring active cooperation and coordination with other relevant bodies,

and expert groups to ensure policy consistency in the digital single

market.’;’

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24. Article 45 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘2. The power to adopt delegated acts referred to in Article 29(7), Article 32u(2),

Article 32x(7), and Article 33(2) shall be conferred on the Commission for an

indeterminate period of time.’

(b) paragraph 3 is replaced by the following:

‘3. The delegation of power referred to in Article 29(7), Article 32u(2), Article

32x(7), and Article 33(2) may be revoked at any time by the European

Parliament or by the Council. A decision to revoke shall put an end to the

delegation of the power specified in that decision. It shall take effect the day

following the publication of the decision in the Official Journal of the

European Union or at a later date specified therein. It shall not affect the

validity of any delegated acts already in force.’

(c) paragraph 6 is replaced by the following:

‘6. A delegated act adopted pursuant to Article 29(7), Article 32u(2), Article

32x(7), or Article 33(2) shall enter into force only if no objection has been

expressed either by the European Parliament or by the Council within a period

of three months of notification of that act to the European Parliament and to the

Council or if, before the expiry of that period, the European Parliament and the

Council have both informed the Commission that they will not object. That

period shall be extended by three months at the initiative of the European

Parliament or of the Council.’

25. Article 46 is amended as follows:

(a) in paragraph 1, the first sentence is replaced by the following:

‘The Commission shall be assisted by a committee. That committee shall be a

committee within the meaning of Regulation (EU) No 182/2011.’

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(b) the following paragraph 1a is inserted:

‘1a. Where reference is made to this paragraph, Article 4 of Regulation (EU)

No 182/2011 shall apply.’

26. Article 49 is amended as follows:

(a) paragraph 1 is amended as follows:

(i) the introductory wording is replaced by the following:

‘1. 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:’

(ia) point (a) is replaced by the following:

(a) 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;’

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(ii) point (m) is replaced by the following:

‘(m) 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’

(b) the following paragraph 2a is inserted:

‘2a. 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:

(a) the state of registrations of data intermediation services and the type of

services they offer;

(b) 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.’

(c) the scope and social and economic impact of Chapter VIIc Section 2

including

(d) 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;

(e)(ii) the impact of the high-value datasets;

(f)(iii) the interaction between data protection rules and re-use possibilities;

(g) Member States shall provide the Commission with the Information

necessary for the preparation of that report.’

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(c) paragraph 54 is replaced by the following:

‘54. On the basis of the reports referred to in paragraphs 1, and 2 and 2a, the

Commission may, where appropriate, submit a legislative proposal to the

European Parliament and to the Council to amend this Regulation.’

27. Annex I is added as set out in the Annex II to this Regulation.

Article 2

Amendments to Regulation (EU) 2018/1724

In the table in Annex II to Regulation (EU) 2018/1724, the entry ‘Starting, running and closing a

business’ is replaced by the following:

Life events Procedures Expected output

subject to an

assessment of the

application by the

competent authority in

accordance with

national law, where

relevant

Starting, running and

closing a business

Notification of

business activity,

permission for

exercising a business

activity, changes of

business activity and

the termination of a

business activity not

involving insolvency

or liquidation

procedures, excluding

the initial registration

of a business activity

with the business

register and excluding

procedures concerning

the constitution of or

any subsequent filing

by companies or firms

within the meaning of

the second paragraph

of Article 54 TFEU

Confirmation of the

receipt of notification

or change, or of the

request for permission

for business activity

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  Registration of an

employer (a natural

person) with

compulsory pension

and insurance schemes

Confirmation of

registration or social

security registration

number

Registration of

employees with

compulsory pension

and insurance schemes

Confirmation of

registration or social

security registration

number

Submitting a corporate

tax declaration

Confirmation of the

receipt of the

declaration

Notification to the

social security

schemes of the end of

contract with an

employee, excluding

procedures for the

collective termination

of employee contracts

Confirmation of the

receipt of the

notification

Payment of social

contributions for

employees

Receipt or other form

of confirmation of

payment of social

contributions for

employees

Registration as a data

intermediation services

provider

Confirmation of the

registration

Registration as a data

altruism organisation

recognised in the

Union

Confirmation of the

registration

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Article 3

Amendments to Regulation (EU) 2016/679 (GDPR)

Regulation (EU) 2016/679 is amended as follows:

1. Article 4 is amended as follows:

(a) in point 1, the following sentences are added:

‘Information relating to a natural person is not necessarily personal data for every other

person or entity, merely because another entity can identify that natural person.

Information shall not be personal for a given entity where that entity cannot identify the

natural person to whom the information relates, taking into account the means

reasonably likely to be used by that entity. Such information does not become personal

for that entity merely because a potential subsequent recipient has means reasonably

likely to be used to identify the natural person to whom the information relates.’

(b) the following points are added:

‘(32) ‘terminal equipment’ means terminal equipment as set out in Article 1(1) of

Directive 2008/63/EC;

(33) for ‘electronic communications networks’ the definition of Article 2(1) of

Directive (EU) 2018/1972 shall apply;

(34) ‘web browser’ means web browser as defined in Article 2(11) of Regulation

(EU) 2022/1925;

(35) ‘media service’ means a media service as defined in Article 2(1) of Regulation

(EU) 2024/1083;

(36) ‘media service provider’ means a media service provider as defined in Article

2(2) of Regulation (EU) 2024/1083;’

(37) ‘online interface’ means an online interface as defined in Article 3(m) of

Regulation (EU) 2022/2065.’

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(38) “'scientific research”' means any research which can also support innovation,

such as technological development and demonstration. These actions shall

contribute to existing scientific knowledge or apply existing knowledge in

novel ways, be carried outconducted with the aim of contributing to the

growth of society´ssociety's general knowledge and wellbeing, generating

new or complementing existing scientific knowledge, following a

methodological and systematic approach consistent with standards of the

relevant scientific field, including and adhere to ethical standards, and

producing verifiable and transparent results in an autonomous and

independent manner in the relevant research area. This does not exclude that

the research may also aim to further a commercial interest.’

2. Article 5 (1)(b) is replaced by the following:

‘collected for specified, explicit and legitimate purposes and not further processed in a

manner that is incompatible with those purposes; further processing for archiving purposes in

the public interest, scientific or historical research purposes or statistical purposes shall,

subject to the application of appropriate safeguards in accordance with Article 89(1), be

considered to be compatible with the initial purposes, independent of the conditions of Article

6(4) of this Regulation, (‘purpose limitation’);’

3. Article 9 is amended as follows:

(a) in paragraph 2, the following points are added:

‘(k) incidental processing of residual data, where not intended by the

controller, in the context of the development and technical operation of an AI

system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an

AI model as referred to in Regulation (EU) 2024/1689, subject to the

conditions referred to in paragraph 5.

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(l) processing of biometric data is necessary for the purpose of confirming the

identity of a data subject (verification), where the biometric data or the means

needed for the one-to-one verification is under the sole control of the data

subject and, where applicable, subject to appropriate safeguards to protect

the fundamental rights and the interests of the data subject as laid down in

Union law or Member State law, in accordance with paragraph 4 of this

Article.’

(b) the following paragraph is added:

‘5. For processing referred to in point (k) of paragraph 2, appropriate

organisational and technical measures shall be implemented to avoid v the

collection and otherwise processing of special categories of personal data.

Where, despite the implementation of such measures, the controller identifies

special categories of personal data that are incidentally and residually

involved in the datasets used for training, testing or validation or inthe

development of and technical operation of the AI system or AI model,

including training, validation and testing, the controller shall removeerase

such data without undue delay. If erasure. If removal of those data proves to

be technically impossible or requires manifestly disproportionate effort, the

controller shall in any event effectively protect, without undue delay and in

any event, effectively protect such data from being further processed or

processed for other purposes, used to produce outputs, from being disclosed

or otherwise made available to third parties.’

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4. In Article 12, paragraph 5 is replaced by the following:

‘5. Information provided under Articles 13 and 14 and any communication and any

actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where

requests from a data subject are manifestly unfounded or excessive, in particular

because of their repetitive character or also, for requests, for a request under Article

15, where an abusive intention on the part of because the data subject abuses the

rights conferred by this regulation for purposes other than the protection of their

datasubmitting those requests can be demonstrated, the controller may either:

(a) charge a reasonable fee taking into accountproportionate to the administrative

costs of providing the information or communication or taking the action

requested; or

(b) refuse to act on the request and inform the data subject of the reasons

thereof.

The controller shall bear the burden of demonstrating that the request is manifestly

unfounded or that there are reasonable grounds to believe that, in the light of all the

relevant circumstances of the case, that the request it is excessive or that there is an

abusive intention on the part of the data subject.’

5. In Article 13, paragraph 4 is replaced by the following paragraph 5 is added:

‘4.5 Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in

the context of a clear and circumscribed relationship between data subjects and a

controller exercising an activity that is not data-intensive andif and to the extent

that:

a) there are reasonable grounds to assumebelieve that the data subject already has the

information referred to in points (a) and (c) of paragraph 1, unless the controller

transmits the data to other recipients or categories of recipients, transfers the data to a

third country, carries out automated decision-making, including profiling, referred to

in Article 22(1), orand

b) the processing is not likely to result in a high risk to the rights and freedoms of

data subjects within the meaning of Article 35.

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This paragraph shall not apply where the processing requires complex

processing operations, the processing of large amounts of personal data, or

personal data referred to in Articles 9 and 10.’

6. In Article 13, paragraph 56 is added:

‘56. When the further processing takes place for scientific research purposes by the

same controller and where and insofar asand the provision of information referred

to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate

effort subject to the conditions and safeguards referred to in Article 89(1) or in so far

as the obligation referred to in paragraph 1 of this Article is likely to render

impossible or seriously impair the achievement of the objectives of that further

processing, subject to the conditions and safeguards referred to in Article 89(1),

the controller does not need to provide the information referred to under paragraphs

1, 2 and 3. In such cases the controller shall take appropriate measures to protect the

data subject's rights and freedoms and legitimate interests, including making the

information publicly available.’

7. In Article 22, paragraphs 1 and 2 are is replaced by the following:

‘1. A decision which produces legal effects for aThe data subject or similarly

significantly affects him or her may beshall have the right not to be subject to a

decision based solely on automated processing, including profiling, only where that

decisionwhich produces legal effects concerning him or her or similarly

significantly affects him or her, unless such processing:

(a) is necessary for entering into, or performance of, a contract between the data

subject and a data controller regardless of whether the decision could be taken

otherwise than by solely automated means;

(b) is authorised by Union or Member State law to which the controller is subject

and which also lays down suitable measures to safeguard the data subject's

rights and freedoms and legitimate interests; or

(c) is based on the data subject's explicit consent.

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2. In the cases referred to in points (a) and (c) of paragraph 1, the data

controller shall implement suitable measures to safeguard the data

subject's rights and freedoms and legitimate interests, at least the right to

obtain human intervention on the part of the controller, to express his or

her point of view and to contest the decision.

3. Decisions referred to in paragraph 1 shall not be based on special

categories of personal data referred to in Article 9(1), unless point (a) or

(g) of Article 9(2) applies and suitable measures to safeguard the data

subject's rights and freedoms and legitimate interests are in place.’

(7a) In Article 25, paragraphs 1 and 2 are replaced by the following:

'1. Taking into account the state of the art, the cost of implementation and the nature,

scope, context and purposes of processing as well as the risks of varying likelihood

and severity for rights and freedoms of natural persons posed by the processing, with

particular regard to the lists referred to in Article 35(4) and (5), the controller and

the processor shall, both at the time of the determination of the means for processing

and at the time of the processing itself as applicable, implement, in an effective

manner, appropriate technical and organisational measures, such as

pseudonymisation, which are designed to implement data-protection principles, such

as data minimisation, and to integrate the necessary safeguards into the processing in

order to meet the requirements of this Regulation and protect the rights of data

subjects.

2. The controller and the processor shall implement appropriate technical and

organisational measures to ensure that, by default, only personal data which are

necessary for each specific purpose of the processing are processed. That obligation

applies to the amount of personal data collected, the extent of their processing, the

period of their storage and their accessibility. In particular, such measures shall

ensure that by default personal data are not made accessible to an indefinite number

of natural persons without the individual's intervention.

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8. Article 33 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. In the case of a personal data breach that is likely to result in a high risk to the

rights and freedoms of natural persons, the controller shall without undue delay

and, where feasible, not later than 96 hours after having become aware of it,

notify the personal data breach via the single-entrywith the support of the

national entry point established pursuant to Article 23a23b of Directive (EU)

2022/2555 to the supervisory authority competent in accordance with Article

55 and Article 56 of this Regulation. Where the notification to the supervisory

authority is not made within 96 hours, it shall be accompanied by reasons for

the delay.’

(b) the following paragraph is added:

‘1a. Until the establishment of the single-entrynational entry point pursuant to

Article 23a23b of Directive (EU) 2022/2555, controllers shall continue to

notify personal data breaches directly to the competent supervisory authority in

accordance with Article 55 and Article 56 of this Regulation.’

(c) the following paragraphs are added:

‘6. The Board shall prepare and transmit to the Commission a proposal for a

common template for notifying a personal data breach to the competent

supervisory authority referred to in paragraph 1 as well as forestablish and

make public a list of the circumstances in which a personal data breach is

likely to result in a high risk to the rights and freedoms of a natural person and

a list of the circumstances in which it is not likely to result in such a high

risk. The lists. The proposals shall be submitted to the Commission

withinavailable by [OP date = nine months of thefrom the date of entry into

application of this Regulation]. The Commission after due consideration

reviews it, as necessary, and is empowered to adopt it by way of an

implementing act in accordance with the examination procedure set out in

Article 93(2).

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7. The template and the listlists referred to in paragraph 6 shall be reviewed by

the Board at least every three years and updated where necessary. The Board

shall submit its assessment and possible proposals for updates to the

Commission in due time. The Commission after due consideration of the

proposals reviews them and is empowered to adopt any updates following the

procedure in paragraph 6.

8. The Board shall prepare and transmit to the Commission a proposal for a

common template for notifying a personal data breach to the competent

supervisory authority referred to in paragraph 1. That proposal shall be

submitted to the Commission by [OP date = nine months from the date of

entry into application of this Regulation]. The Commission after due

consideration of the proposal reviews it and is empowered to adopt it by

way of an implementing act in accordance with the examination procedure

set out in Article 93(2).

9. The template referred to in paragraph 8 shall be reviewed at least every

three years and updated where necessary. The Board shall submit its

assessment and possible proposals for updates to the Commission in due

time. The Commission after due consideration of the proposal reviews it

and is empowered to adopt any updates by way of an implementing act in

accordance with the examination procedure set out in Article 93(2).’

9. Article 35 is amended as follows:

(a) paragraphs 4, 5 and 6 are replaced by the following:

‘4. The Board shall prepare and transmit to the Commission a proposal

forestablish and make public a list of the kind of processing operations which

are subject to the requirement for a data protection impact assessment pursuant

to paragraph 1.

5. The Board shall prepare and transmit to the Commission a proposal

forestablish and make public a list of the kind of processing operations for

which no data protection impact assessment is required.

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6. The lists referred to in paragraphs 4 and 5 shall be published by [OP date

= 9 months from the date of entry into application of this Regulation].

These lists shall be reviewed by the Board shall prepare and transmit to the

Commission a proposal for a common template and a common methodology

for conducting data protection impact assessmentsat least every three years

and updated where necessary.’

(b) the following paragraphs areparagraph is inserted:

‘6a. The proposals for the lists referred to in paragraphs 4 and 5 and forBoard shall

prepare and transmit to the Commission a proposal for a common

template and a common methodology for conducting data protection

impact assessments. The template and methodology referred to in paragraph 6

shall be submitted to the Commission withinby [OP date = 9 months of

thefrom the date of entry into application of this Regulation]. The

Commission after due consideration reviews them, as necessary, and is

empowered to adopt them by way of an implementing act in accordance with

the examination procedure set out in Article 93(2).

6b. The lists and The template and methodology referred to in paragraph 6a- shall

be reviewed at least every three years and updated where necessary. The Board

shall submit its assessment and possible proposals for updates to the

Commission in due time. The Commission after due consideration of the

proposals reviews them and is empowered to adopt any updates following

theby way of an implementing act in accordance with the examination

procedure set out in Article 93(2)in paragraph 6a.

6c. Lists of the kind of processing operations which are subject to the requirement

for a data protection impact assessment and of the kind of processing

operations for which no data protection impact assessment is required

established and made public by supervisory authorities remain valid until the

Commission adopts the implementing actBoard establishes and makes public

the lists referred to in paragraph 6a4 and 5.’

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10. The following article is added:

‘Article 41a25a - Application of pseudonymisation and identification of a natural person

(1) The Commission may adopt implementing acts to specify means and criteria to

determine whether data resulting fromControllers and processors may apply

pseudonymisation no longer constitutesin order to reduce the risks to the data

subjects concerned and to comply with their obligations under this Regulation,

in such a manner that the personal data for certain entitiescan no longer be

attributed to a specific data subject without the use of additional information.

The application of pseudonymisation shall be subject to appropriate technical

and organisational measures, including security measures, to prevent other

persons from identifying the data subject.

(2) Pseudonymised data shall not be considered personal data for third party if that

third party is unable to identify the natural person to whom the data relates.

(2)(3) For the purpose ofWhere a third party discloses, transmits or otherwise makes

data referred to in paragraph 1 the Commission shall:2 available to another third

party and, in light of all relevant circumstances, that other third party possesses

or can obtain means reasonably likely to enable the data subject to be identified,

both the transmission of the data to that other third party and the subsequent

processing of the data by that other third party is processing of personal data.

(a)(4) assess the state of the art of available techniques;Where a processor processes

personal data on behalf of a controller, that data shall be considered

personal data for the processor, and the processor continues to be subject

to the obligations applicable under this Regulation.

(b)(5) develop criteria and or categories for controllers and recipients to assess the

risk of re-identification in relation to typical recipients of dataTo determine

whether a natural person is identifiable, including through personal data

having undergone pseudonymisation, account shall be taken of all the

means reasonably likely to be used to identify the natural person directly

or indirectly.

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(6) The Board shall issue an opinion, in accordance with Article 64(2) of this

Regulation, addressing the application of pseudonymisation and anonymisation,

including related technical and organisational measures.

(3)(7) The implementationChair of the means and criteria outlined in an implementing act

may be used as an element to demonstrate that data cannot lead to reidentification of

the data subjectsBoard shall request the opinion referred to in paragraph 4 no

later than 6 months after the entry into force of this Regulation. The opinion

shall be reviewed and updated where necessary.

(4) The Commission shall closely involve the EDPB in the preparations of the

implementing acts. The EPDB shall issue an opinion on the draft implementing acts

within a deadline of 8 weeks as of the receipt of the draft from the Commission.

(5) The Implementing Acts shall be adopted in accordance with the examination

procedure referred to in Article 93(3).’

11. In Article 57(1)57 is amended as follows:

(a) in paragraph 1, point (k) is deleted;

(ab) paragraph 4 is replaced by the following;

'4. Where requests are manifestly unfounded or excessive, in particular because

of their repetitive character or where an abusive intention on the part of the

data subject submitting those request can be demonstrated, the supervisory

authority may charge a reasonable fee based on administrative costs, or refuse

to act on the request. The supervisory authority shall, in the light of all the

relevant circumstances of the case, bear the burden of demonstrating the

manifestly unfounded or excessive character of the request.'

12. In Article 64(1), point (a) is deleted.

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(12a) In Article 70(1), point (f) is amended as follows:

(f) issue guidelines, recommendations and best practices in accordance with point (e) of

this paragraph for further specifying the criteria and conditions for decisions based

on profiling pursuant to Article 22(1);

13. In Article 70(1), point (h) is deleted.

14. In Article 70(1), the following points are inserted:

‘(ha) prepare and transmit to the Commission a proposal forestablish a list of the kind of

processing operations which are subject to the requirement for a data protection

impact assessment and for which no data protection impact assessment is required,

pursuant to Article 35.

haa establish a list of the circumstances in which a personal data breach is likely to

result in a high risk to the rights and freedoms of a natural person pursuant to

Article 33 and a list of the circumstances in which it is not likely to result in such

a high risk.

(hb) prepare and transmit to the Commission a proposal for a common template and a

common methodology for conducting data protection impact assessments, pursuant

to Article 35.

(hc) prepare and transmit to the Commission a proposal for a common template for

notifying a personal data breach to the competent supervisory authority as well as for

a list of the circumstances in which a personal data breach is likely to result in a high

risk to the rights and freedoms of a natural person pursuant to Article 33.

(hca) issue guidelines, recommendations and best practices in accordance with point

(e) of this paragraph for the purpose of further specifying the appropriate

technical and organisational measures to ensure a level of security appropriate

to the level of risk pursuant to Article 32.

(hcb) issue the opinion on the application of pseudonymisation and anonymisation

referred to in Article 25a.’

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15. After Article 88, the following articles arearticle is added:

‘Article 88a

Processing of personal data in the terminal equipment of natural persons

(1) Storing of personal data, or gaining of access to personal data already stored, in the

terminal equipment of a natural person is only allowed when that person has given

his or her consent, in accordance with this Regulation.

(2) Paragraph 1 does not preclude storing of personal data, or gaining of access to

personal data already stored, in the terminal equipment of a natural person, based on

Union or Member State law within the meaning of, and subject to the conditions of

Article 6, to safeguard the objectives referred to in Article 23(1).

(3) Storing of personal data, or gaining of access to personal data already stored, in the

terminal equipment of a natural person without consent, and subsequent processing,

shall be lawful to the extent it is necessary for any of the following:

(a) carrying out the transmission of an electronic communication over an

electronic communications network;

(b) providing a service explicitly requested by the data subject;

(c) creating aggregated information about the usage of an online service to

measure the audience of such a service, where it is carried out by the controller

of that online service solely for its own use;

(d) maintaining or restoring the security of a service provided by the controller and

requested by the data subject or the terminal equipment used for the provision

of such service.

(4)

Where storing of personal data, or gaining of access to personal data already stored, in

the terminal equipment of a natural person is based on consent, the following shall

apply:

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(a) the data subject shall be able to refuse requests for consent in an easy and

intelligible manner with a single-click button or equivalent means;

(b) if the data subject gives consent, the controller shall not make a new request for

consent for the same purpose for the period during which the controller can

lawfully rely on the consent of the data subject;

(c) if the data subject declines a request for consent, the controller shall not make a

new request for consent for the same purpose for a period of at least six

months.

This paragraph also applies to the subsequent processing of personal data based on

consent.

(5) This Article shall apply from [OP: please insert the date = 6 months following the

date of entry into force of this Regulation]

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to

processing of personal data in the terminal equipment of natural persons

(1) Controllers shall ensure that their online interfaces allow data subjects to:

(a) Give consent through automated and machine-readable means, provided that

the conditions for consent laid down in this Regulation are fulfilled;

(b) decline a request for consent and exercise the right to object pursuant to Article

21(2) through automated and machine-readable means.

(2) Controllers shall respect the choices made by data subjects in accordance with

paragraph 1.

(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers

when providing a media service.

(4)

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The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012,

request one or more European standardisation organisations to draft standards for the

interpretation of machine-readable indications of data subjects’ choices.

Online interfaces of controllers which are in conformity with harmonised standards or

parts thereof the references of which have been published in the Official Journal of the

European Union shall be presumed to be in conformity with the requirements covered

by those standards or parts thereof, set out in paragraph 1.

(5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months

following the date of entry into force of this Regulation].

(6) Providers of web browsers, which are not SMEs, shall provide the technical means to

allow data subjects to give their consent and to refuse a request for consent and

exercise the right to object pursuant to Article 21(2) through the automated and

machine-readable means referred to in paragraph 1 of this Article, as applied

pursuant to paragraphs 2 to 5 of this Article.

(7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the

date of entry into force of this Regulation].

Article 88c88 bis

Processing in the context of the development and operation of AI

(1) Where The processing of personal data is necessary for the interests of the controller

in the context of the development and operation of an AI system as defined in Article

3, point (1), of Regulation (EU) 2024/1689 oror of an AI model, such processing

may be pursued forcarried out for a legitimate interests within the meaning

ofinterest of the controller or a third party in accordance with Article 6(1)(f) of

this Regulation (EU) 2016/679, where appropriate, except where other Union or

national laws explicitly require consent, and where such interests are overridden by

the interests, or fundamental rights and freedoms of the data subject which require

protection of personal data, in particular where the data subject is a child.

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(2) Any such processing shall be subject toParagraph 1 does not affect the obligation

of the controller to choose an appropriate organisational, technical measures and

safeguards for the rights and freedoms of the data subject, such as to ensure respect

of data minimisation during the stage of selection of sources and the training and

testing of AI an system or AI model, to protect against non-disclosure of residually

retained data in the AI system or AI model to ensure enhanced transparency to data

subjects and providing data subjects with an unconditional right to object to

thelawful ground of processing set out in Article 6 of this Regulationof their

personal data.

(3) Regardless of the lawful ground of processing pursuant to Article 6, processing

in the context of the development and operation of AI shall be subject to

appropriate technical and organisational measures and safeguards to protect

the rights and freedoms of the data subject in accordance with this Regulation,

including the right to object under Article 21.

16. Article 97, after paragraph 5, the following paragraph 5a is added:

5a. By [six months after entry into force of this amending Regulation], the

Commission shall issue a dedicated report with recommendations on Chapter

IV on controller and processor, with particular regard to the proportionality of

the obligations for small and medium enterprises and non-commercial

organisations undertaking low risk processing activities and whether such

obligations should be amended taking into account the level of risk for data

subjects.’

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Article 4

Amendments to Regulation (EU) 2018/1725 (EUDPR)

Regulation (EU) 2018/1725 is amended as follows:

1. Article 3 is amended as follows:

(a) in point 1, the following sentences are added:

‘Information relating to a natural person is not necessarily personal data for every other

person or entity, merely because another entity can identify that natural person.

Information shall not be personal for a given entity where that entity cannot identify the

natural person to whom the information relates, taking into account the means

reasonably likely to be used by that entity. Such information does not become personal

for that entity merely because a potential subsequent recipient has means reasonably

likely to be used to identify the natural person to whom the information relates.’

(b) point 25 is replaced by the following:

‘(25) for ‘electronic communications networks’ the definition of Article 2(1) of

Directive (EU) 2018/1972 shall apply;’

(c) the following points are added:

‘(27) ‘mobile application’ means a mobile application as defined in Article 3(2) of

Directive (EU) 2016/2102;

(28) ‘online interface’ means an online interface as defined in Article 3(m) of

Regulation (EU) 2022/2065;

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(2927) “'scientific research”' means any research which can also support

innovation, such as technological development and demonstration. These

actions shall contribute to existing scientific knowledge or apply existing

knowledge in novel ways, be carried out with the aim of contributing to the

growth of society´ssociety's general knowledge and wellbeing, generating

new or complementing existing scientific knowledge, following a

methodological and systematic approach consistent with standards of the

relevant scientific field, including and adhere to ethical standards, and

producing verifiable and transparent results conducted in an autonomous

and independent manner in the relevant research area. This does not exclude

that the research may also aim to further a commercial interest.’

2. Article 4 (1)(b) is replaced by the following:

‘(b) collected for specified, explicit and legitimate purposes and not further processed in a

manner that is incompatible with those purposes; further processing for archiving

purposes in the public interest, scientific or historical research purposes or statistical

purposes shall, subject to the application of appropriate safeguards in accordance

with Article 13, be considered to be compatible with the initial purposes,

independent of the conditions of Article 6 of this Regulation, (‘purpose limitation’);’

3. Article 10 is amended as follows:

(a) in paragraph 2, the following points are added:

‘(k) incidental processing of residual data, where not intended intended by the

controller, in the context of the development and technical operation of an AI

system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an

AI model as referred to in Regulation (EU) 2024/1689, subject to the

conditions referred to in paragraph 4. .

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(l) processing of biometric data is necessary for the purpose of confirming the

identity of a data subject (verification), where the biometric data or the means

needed for the one-to-one verification is under the sole control of the data

subject and, where applicable, subject to appropriate safeguards to protect

the fundamental rights and the interests of the data subject, as laid down

in Union law.’

(b) the following paragraph 4 is added:

‘4. For processing referred to in point (k) of paragraph 2, appropriate

organisational and technical measures shall be implemented to avoid the

collection and otherwise processing of special categories of personal data.

Where, despite the implementation of such measures, the controller identifies

special categories of personal data that are incidentally and residually

involved in the datasets used for the development and technical operation of

the AI system or AI model, including training, testing or validation or in the

AI system or AI model, the controller shall removeerase such data without

undue delay. If erasure. If removal of those data proves to be technically

impossible or requires manifestly disproportionate effort, the controller shall

in any event effectively protect, without undue delay and in any event,

effectively protect such data from being further processed or processed for

other purposes, used to produce outputs, from being disclosed or otherwise

made available to third parties.’

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4. in Article 14, paragraph 5 is replaced by the following:

‘5. Information provided under Articles 15 and 16 and any communication and any

actions taken under Articles 17 to 24 and 35 shall be provided free of charge. Where

requests from a data subject are manifestly unfounded or excessive, in particular

because of their repetitive character or also, for requests, for a request under Article

17, where an abusive intention on the part of because the data subject abuses the

rights conferred by this Regulation for purposes other than the protection of their

datacan be demonstrated, the controller may refuse to act on the request and

inform the data subject of the reason thereof. The controller shall bear the burden

of demonstrating that the request is manifestly unfounded or that there are reasonable

grounds to believe that, in light of all the relevant circumstances of the case, that

the request is it is excessive or that there is an abusive intention on the part of

the data subject.’

5. in Article 15 the new paragraph 5 is added:

‘5. When the further processing takes place for scientific research purposes by the

same controller and where and insofar asand the provision of information referred

to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate

effort subject to the conditions and safeguards referred to in Article 13 or in so far as

the obligation referred to in paragraph 1 of this Article is likely to render impossible

or seriously impair the achievement of the objectives of that further processing,

subject to the conditions and safeguards referred to in Article 13, the controller

does not need to provide the information referred to under paragraphs 1, 2 and 3. In

such cases the controller shall take appropriate measures to protect the data subject's

rights and freedoms and legitimate interests, including making the information

publicly available.’

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6. in Article 24 paragraphs 1 and 2 areis replaced by the following:

‘1. A decision which produces legal effects for aThe data subject or similarly

significantly affects him or her may beshall have the right not to be subject to a

decision based solely on automated processing, including profiling, only where that

decisionwhich produces legal effects concerning him or her or similarly

significantly affects him or her, unless such processing:

(a) is necessary for entering into, or performance of, a contract between the data

subject and a data controller regardless of whether the decision could be taken

otherwise than by solely automated means;

(b) is authorised by Union law to which the controller is subject and which also

lays down suitable measures to safeguard the data subject's rights and freedoms

and legitimate interests; or

(c) is based on the data subject's explicit consent.

2. In the cases referred to in points (a) and (c) of paragraph 1, the data controller

shall implement suitable measures to safeguard the data subject's rights and

freedoms and legitimate interests, at least the right to obtain human

intervention on the part of the controller, to express his or her point of view and

to contest the decision.

3. Decisions referred to in paragraph 1 shall not be based on special categories of

personal data referred to in Article 10(1), unless point (a) or (g) of Article 10(2)

applies and suitable measures to safeguard the data subject's rights and

freedoms and legitimate interests are in place.’

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(6a) in Article 27, paragraphs 1 and 2 are replaced by the following:

1. Taking into account the state of the art, the cost of implementation and the nature,

scope, context and purposes of processing as well as the risks of varying likelihood

and severity for rights and freedoms of natural persons posed by the processing, with

particular regard to the lists referred to in Article 39(4) and (5), the controller and

the processor shall, both at the time of the determination of the means for processing

and at the time of the processing itself as applicable, implement, in an effective

manner, appropriate technical and organisational measures, such as

pseudonymisation, which are designed to implement data-protection principles, such

as data minimisation, and to integrate the necessary safeguards into the processing in

order to meet the requirements of this Regulation and protect the rights of data

subjects.

2. The controller and the processor shall implement appropriate technical and

organisational measures to ensure that, by default, only personal data which are

necessary for each specific purpose of the processing are processed. That obligation

applies to the amount of personal data collected, the extent of their processing, the

period of their storage and their accessibility. In particular, such measures shall

ensure that by default personal data are not made accessible to an indefinite number

of natural persons without the individual's intervention.

(6b) The following Article 30a is added:

30a - Application of pseudonymisation and identification of a natural person

(1) Controllers and processors may apply pseudonymisation in order to reduce the

risks to the data subjects concerned and to comply with their obligations under this

Regulation, in such a manner that the personal data can no longer be attributed to a

specific data subject without the use of additional information. The application of

pseudonymisation shall be subject to appropriate technical and organisational

measures, including security measures, to prevent other persons from identifying the

data subject.

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(2) Pseudonymised data shall not be considered personal data for a third party if that

third party is unable to identify the natural person to whom the data relates.

(3) Where a third party discloses, transmits or otherwise makes data referred to in

paragraph 2 available to another third party and, in light of all relevant

circumstances, that other third party possesses or can obtain means reasonably likely

to enable the data subject to be identified, both the transmission of the data to that

other third party and the subsequent processing of the data by that other third party

is processing of personal data.

(4) Where a processor processes personal data on behalf of a controller, that data

shall be considered personal data for the processor, and the processor continues to be

subject to the obligations applicable under this Regulation.

(5) To determine whether a natural person is identifiable, including through

personal data having undergone pseudonymisation, account shall be taken of all the

means reasonably likely to be used to identify the natural person directly or

indirectly.

(6) The European Data Protection Board shall issue an opinion, in accordance with

Article 64(2) of the Regulation (EU) 2016/679, addressing the application of

pseudonymisation and anonymisation, including the related technical and

organisational measures.’

7. in Article 34, paragraph 1 is replaced by the following

‘1. In the case of a personal data breach that is likely to result in a high risk to the rights

and freedoms of natural persons, the controller shall without undue delay and, where

feasible, not later than 96 hours after having become aware of it, notify the personal

data breach to the European Data Protection Supervisor. Where the notification to the

European Data Protection Supervisor is not made within 96 hours, it shall be

accompanied by reasons for the delay.’

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8. In Article 37 the following paragraphs are added:

‘(2) Storing of personal data, or gaining of access to personal data already stored, in the

terminal equipment of a natural person is only allowed when that person has given

his or her consent, in accordance with this Regulation.

(3) Paragraph 1 does not preclude storing of personal data, or gaining of access to

personal data already stored, in the terminal equipment of a natural person, based on

Union law within the meaning of, and subject to the conditions of Article 5, to

safeguard the objectives referred to in Article 25(1).

(4) Storing of personal data, or gaining of access to personal data already stored, in the

terminal equipment of a natural person without consent, and subsequent processing,

shall be lawful to the extent it is necessary for any of the following:

(a) carrying out the transmission of an electronic communication over an

electronic communications network;

(b) providing a service explicitly requested by the data subject;

(c) creating aggregated information about the usage of an online service to

measure the audience of such a service, where it is carried out by the controller

of that online service solely for its own use;

(d) maintaining or restoring the security of a service provided by the controller and

requested by the data subject or the terminal equipment used for the provision

of such service.

(5)

Where storing of personal data, or gaining of access to personal data already stored, in

the terminal equipment of a natural person is based on consent, the following shall

apply:

(a) the data subject shall be able to refuse requests for consent in an easy and

intelligible manner with a single-click button or equivalent means;

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(b) if the data subject gives consent, the controller shall not make a new request for

consent for the same purpose for the period during which the controller can

lawfully rely on the consent of the data subject;

(c) if the data subject declines a request for consent, the controller shall not make a

new request for consent for the same purpose for a period of at least six

months.

This paragraph also applies to the subsequent processing of personal data based on

consent.

(6) This Article shall apply from [OP: please insert the date = 6 months following the

date of entry into force of this Regulation] ]

(7) Controllers shall ensure that their online interfaces allow data subjects to:

(a) give consent through automated and machine-readable means, provided that

the conditions for consent laid down in this Regulation are fulfilled;

(b) decline a request for consent through automated and machine-readable means.

(8) Controllers shall respect the choices made by data subjects in accordance with

paragraph 7.

(9) Online interfaces of controllers which are in conformity with harmonised standards

or parts thereof referred to in paragraph 4 of Article 88b of Regulation (EC)

2016/679 shall be presumed to be in conformity with the requirements covered by

those standards or parts thereof, set out in paragraph 7.

(10) Paragraphs 7 to 9 shall apply from [OP: please insert the date = 24 months following

the date of entry into force of this Regulation].’

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9. Article 39 is amended as follows:

(a) paragraph 4 is replaced by the following:

‘4. The lists, the template and methodology adopted by the Commission and

referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should

apply to the processing of personal data under this Regulation.’

(b) Paragraphs 5 and 6 are deleted.

10. the following article is added:

‘Article 45a

The common criteria adopted by the Commission and referred to in article 41a of the

Regulation (EU) 2016/679 should apply to the processing of personal data under this

Regulation.’

Article 5

Amendments to and Directive 2002/58/EC (ePrivacy Directive)

Directive 2002/58/EC is amended as follows:

1. Article 4 is deleted;

2. AfterIn Article 5(3)5, paragraph 3 is replaced by the following subparagraph is added:

‘This paragraph3. Member States shall not apply if theensure that the storing of

information, or gaining of access to information already stored, in the terminal

equipment of a subscriber or user is a naturalonly allowed when that person has given his

or her consent, in accordance with Regulation (EU) 2016/679.

Storing of information, or gaining of access to information already stored, in the

terminal equipment of a subscriber or user without consent, and subsequent processing

of personal data for the same purpose, shall be lawful to the extent it is solely related to

and strictly necessary for the following purposes:

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a) carrying out the transmission of an electronic communication over an electronic

communications network;

b) providing a service, including its functionality, explicitly requested by the subscriber

or user;

c) Creating anonymous aggregated information about the usage of an online service to

measure the audience of that service, provided that it is carried out by the provider of

the service requested by the subscriber or user, or by a third party on behalf of that

provider, and the data collected for the purpose of aggregating, and the information stored

or accessed constitutes or leads toare not processed for another purpose, shared with third

parties or combined with data from third parties;

d) performing audience measurement in compliance with Article 24 of Regulation (EU)

2024/1083, provided that personal data are pseudonymised after collection and not

processed for another purpose, that the processing of personal data does not involve

tracking the activity of the subscriber or user outside of the service or the media content

to be measured, and that any information shared with third parties other than those

acting either on behalf of or jointly together with that provider does not contain

personal data;

e) maintaining or restoring the technical security of the means strictly necessary for the

provision of a service requested by the subscriber or user or the technical security of the

terminal equipment used for the provision of such service;

f) measuring the display and performance of advertising that is based solely on the

immediate content displayed on a subscriber or user’s online interface during an

individual visit or on the basis of a single search query and that does not involve the

processing of personal data, where such measurement is carried out by the provider of

an online service, including jointly with others, or on behalf of that provider. Such

measurement shall not involve profiling or processing of data relating to the subscriber

or user’s past or future activity, including activity across sites or services. Data collected

for such measurement shall be pseudonymised after collection and shall not be

processed for another purpose.

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The subscriber or user shall be able to refuse requests for consent in an easy and

intelligible manner with a single-click button or equivalent means. If the subscriber or

user gives consent, the provider shall not make a new request for consent for the same

purpose for the period during which the controller can lawfully rely on the consent of

the subscriber or user. If the subscriber or user refuses a request for consent, the

provider shall not make a new request for consent for the same purpose for a period of

at least four months.

2a. In Article 15a, the following paragraph is added:

5. Member States shall designate the competent supervisory authority under

Regulation (EU) 2016/679 for the supervision and enforcement of the rules

under this Article 5, paragraph 3, of this Directive.

2b. In Article 17, the following paragraph is added:

3. Member States shall adopt and publish, by [24 months after the adoption of this

Regulation] the laws, regulations and administrative provisions necessary to

comply with Article 5(3). They shall immediately communicate the text of those

measures to the Commission.

They should apply those measures from [24 months after the adoption of this

Regulation].

2c. In Article 18, the following paragraph is added:

The Commission shall submit to the European Parliament and the Council, no

later than [12 months after the adoption of this Regulation], a report reviewing

and assessing the use of privacy-enhancing technologies, including in relation to

the storing of, or gaining access to information on terminal equipment, taking into

account the state of the art, and with a view to provide incentives and legal

certainty for service providers in deploying such technologies. Where appropriate,

the Commission shall submit proposals to update the applicable legal framework,

taking account of the results of that report, any sectoral developments and any

other proposal it may deem necessary in order to improve the effectiveness of the

rules on the storing of, or gaining access to information on terminal equipment.’

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Article 6

Amendments to Directive (EU) 2022/2555

Directive (EU) 2022/2555 is amended as follows:

1. The following Article 23a is added:

‘Article 23a

Single-entry point for Incident reporting information point

(1) ENISA shall develop and maintain a single-entryan incident reporting information

point to support the identification and fulfilment of the obligation to report

incidents and related events under the Union legal acts where those Union legal acts

provide so (‘single-entryincident reporting information point’). Without prejudice

to Article 16 of Regulation (EU) 2024/2847 of the European Parliament and of the

Council, ENISA may ensure that the single-entry point builds on the single reporting

platform established under that Regulation.

(2) ENISA shall take appropriate and proportionate technical, operational and

organisational measures to manage the risks posed to the security of the single-entry

point and the information submitted or disseminated via the single-entry point.

ENISA shall take into account the sensitivity of information submitted or

disseminated pursuant to the Union legal acts referred to in paragraph (1) and ensure

that competent authorities under those Union legal acts have access to and process

the information as required under those Union legal acts.

(2) The incident reporting information point shall:

(a) be designed to allow, on the basis of relevant information provided, the

identification of the applicable reporting obligations referred to in

paragraph 1 and the direction to the appropriate national entry point

referred in Article 23b, and

(c) make available simplified and documented information on incident

notification processes in the different Member States.

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(3) When developing the incident reporting information point, ENISA shall consult

the relevant national competent authorities under the relevant Union legal acts,

the Cooperation Group, the CSIRT Network and other relevant bodies or

groups established at Union level under relevant Union legal acts. ENISA shall

establish structured communication channels to ensure that information

available on the incident reporting information point is swiftly and effectively

updated. Member States shall communicate to ENISA all relevant and

necessary information for the purpose of paragraph 1a.

(4) The incident reporting information point shall not enable the submission,

transmission, storage or processing of any incident notification or related data,

and shall not collect any information allowing the identification of the notifying

entity or of any incident.

(5) After establishing the incident reporting information point and in cooperation

with the Cooperation Group, ENISA shall explore the possibility to extend the

incident reporting information point by providing a report on:

(a) regulatory mapping of relevant EU legal acts imposing cybersecurity risk

management measures;

(b) national measures, including transposition measures, implementing relevant

Union legal acts imposing cybersecurity risk management obligations;

(c) content to support entities in complying with obligations, in particular

regarding entity registration, and cybersecurity risk-management.

(3) ENISA shall provide and implement the specifications on the technical, operational

and organisational measures regarding the establishment, maintenance and secure

operation of the single-entry point. ENISA shall develop the specifications in

cooperation with the Commission, the CSIRTs network and the competent

authorities under the Union legal acts referred to in paragraph (1). The specifications

shall ensure that:

(a) the necessary capability for interoperability with regard to other relevant

reporting obligations referred to in paragraph (1) is ensured;

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(b) technical arrangements for the relevant entities and authorities under the Union

legal acts referred to in paragraph (1) to access, submit , retrieve, transmit or

otherwise process information from the single-entry point, are in place and,

provide technical protocols and tools that allow the entities and authorities to

further process the receive information within their systems;

(c) the specificities of the incident reporting requirements set out under the Union

legal acts referred to in paragraph (1) are duly taken into account;

(d) where relevant, the single-entry point is interoperable and compatible with

European Business Wallets referred to in [Proposal for a Regulation: Insert title

of the proposal] and that the European Business Wallets can be used at least to

identify and authenticate entities using the single-entry point;

(e) entities using the single-entry point can retrieve and supplement information

that they have previously submitted via the single-entry point;

(f) a single notification of information submitted by an entity via the single-entry

point can be used to fulfil reporting obligations as set out under any of the

other Union legal acts which provide for incident reporting to the single-entry

point.

(4) Unless provided for in the Union legal acts referred to in paragraph (1) of this,

ENISA shall not have access to the notifications submitted through the single-entry

point.

(5) Within [18] months from the entry into force of this Regulation, ENISA shall pilot

the functioning of the single-entry point for each added Union legal act, including

testing that takes into account the specificities and requirements for the notifications

set out by each respective Union legal act, and after consulting the Commission and

the relevant competent authorities under the respective Union legal acts. ENISA shall

enable the notification of incidents under each Union legal act referred to in

paragraph (1) only after piloting the functioning and after the Commission published

a notice pursuant to paragraph 6.

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(6) The Commission shall, in cooperation with ENISA, assess the proper functioning,

reliability, integrity and confidentiality of the single-entry point. When the

Commission, after consultation of the CSIRTs network and the competent authorities

under the Union legal acts referred to in paragraph 1, finds that the single-entry point

ensures the proper functioning, reliability, integrity and confidentiality, it shall

publish a notice to that effect in the Official Journal of the European Union.

1a. The following Article 23b is added:

‘Article 23b

National entry point for incident reporting

(1) Member States shall establish and maintain a national entry point supporting

and facilitating the reporting of incidents and related events under the Union

legal acts where those Union legal acts provide so.

(2) Member States shall retain flexibility to configure their national entry point in

accordance with their existing national structures and the allocation of

competences among authorities, including by connecting existing systems and

enabling the sharing, routing or distribution of relevant information.

(3) Member States shall endeavour to design their national entry point with a view

to making the national entry points interoperable with the national entry points

of other Member States.

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(4) ENISA shall, by [12 months from the date of entry into force of this amending

Regulation], in consultation with the CSIRTs network, the Cooperation

Group and other relevant bodies or groups established at Union level under

relevant Union legal acts provide non-binding recommendations to support

Member States in the establishment, maintenance and secure operation of their

respective national entry point. Those recommendations shall address technical,

operational and organisational measures, taking into account experiences and

lessons learned from existing reporting structures. Those recommendations

shall include technical specifications to ensure interoperability between all

Member States’ national entry points as referred to in paragraph 3 and to

facilitate the alignment of incident notifications submitted via their respective

national entry point with cross-border reporting obligations.

(5) ENISA shall, by [18 months from the date of entry into force of this amending

Regulation], in cooperation with Member States, develop an open-source

solution that may be used by Member States in setting up their national entry

point in accordance with paragraph 1, with the objective of strengthening

interoperability between national systems and enable faster, more effective

cross-border data sharing when a situation requires coordinated action

1b. The following article 23c is added :

‘Article 23c

Harmonising incident notification framework

(1) By [6 months after the entry into force of this Regulation] the Commission shall

submit a report to the European Parliament and to the Council outlining

common elements and differences in definitions, thresholds, deadlines, formats

and procedures applying to Article 23 of Directive (EU) 2022/2555, Article 19a

(1a), Article 24 (2a) and Article 45a (3a) of Regulation (EU) 910/2014, Article 33

(1) of Regulation (EU) 2016/679, Article 19 (1) and (2) of Regulation (EU)

2022/2554, and Article 15(1) of Directive (EU) 2022/2557.

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The report shall in particular consider concrete steps and a timeline for further

harmonisation efforts on incident reporting under the Union legal acts.

(3) Building on the report referred in paragraph (1), ENISA shall, in cooperation

with the CSIRTs network, the Cooperation Group and competent authorities

under the relevant Union legal acts, and other relevant bodies or

groups established at Union level under relevant Union legal acts,

develop guidelines for further harmonisation on incident notifications. These

guidelines shall, in particular:

(a) Identify ways to further harmonise templates for entities but also between

CSIRTs across different sectors and legislative frameworks;

(b) Provide a thorough analysis on the different sectoral thresholds, and, where

appropriate, provide suggestions with regards to possible harmonization to

improve efficiency;

(c) Review the stages of incident notifications under different Union legal acts and

recommend measures to streamline the process for entities.

ENISA shall present to the Commission and Council a first draft of these

guidelines [by - within 12 months after the entry into force of this Regulation], and

a final version within 18 months, and shall update them regularly thereafter.

(7) Where the Commission finds in its assessment that the single-entry point does not

ensure the proper functioning, reliability, integrity or confidentiality, ENISA shall

take, in cooperation with the Commission and without undue delay, all necessary

corrective measures to ensure the proper functioning, reliability, integrity or

confidentiality without delay and inform the Commission of the results. Thereafter,

the Commission shall reassess the proper functioning, reliability, integrity or

confidentiality of the single-entry point and shall publish a notice in accordance with

paragraph 6.

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1c. The following article 23d is added :

‘Article 23d

Cross-border incident notification

(1) Member States should aim at facilitating cross-border notifications between

national entry points, where incidents have cross-border impacts.

(2) ENISA shall, in cooperation with the CSIRTs network, the Cooperation

Group and competent authorities under the relevant Union legal acts, as well as

with other relevant bodies or groups established at Union level under relevant

Union legal acts, harmonise its relevant tools with national incident notification

templates and facilitate an automatisation process to exchange information about

cross-border impacts.

(3) Member States shall retain control over the scope of information shared and

any access to such information. ’

2. Article 23 is amended as follows:

(a) in paragraph 1, the first sentence is replaced by the following:

‘Each Member State shall ensure that essential and important entities notify, without

undue delay, its CSIRT or, where applicable, its competent authority in accordance with

paragraph 4 of this Article of any incident that has a significant impact on the provision

of their services as referred to in paragraph 3 of this Article (significant incident) via the

single-entrynational entry point established pursuant to Article 23a23b.

The following paragraph 1b is added:

(b) ENISA shall, in cooperation with the Cooperation Group, provide a mapping

of all the competent authorities and CSIRTs referred to in paragraph 1 in the

incident reporting information point established pursuant to Article 23a. ’

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(b) the following paragraph 12 is added:

‘When a manufacturer notifies a severe incident pursuant to Article 14(3) of Regulation

(EU) 2024/2847 and the incident reporting under that Article contains relevant

information as required under paragraph 4 of this Article, the reporting of the

manufacturer under Article 14(3) of Regulation (EU) 2024/2847 shall constitute

reporting of information under paragraph 4 of this Article.;’

3. in Article 30, paragraph 1 is replaced by the following:

‘1. Member States shall ensure that, in addition to the notification obligation provided

for in Article 23, notifications can be submitted to the CSIRTs or, where applicable,

the competent authorities, on a voluntary basis via the single-entrynational entry

point established pursuant toreferred to in Article 23a23b, by:

(a) essential and important entities with regard to incidents, cyber threats and near

misses;

(b) entities other than those referred to in point (a), regardless of whether they fall

within the scope of this Directive, with regard to significant incidents, cyber

threats and near misses.’

Article 7

Amendment of Regulation (EU) 910/2014

Regulation (EU) 910/2014 is amended as follows:

1. in Article 19a, the following paragraph 1a is inserted:

‘1a. Notifications pursuant to paragraph 1, point (b) of this Article to the supervisory

body and, where applicable, to other relevant competent authorities, shall be

madesupported through the single-entrynational entry point pursuant to Article

23a23b of Directive (EU) 2022/2555.;’

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2. in Article 24, the following paragraph 2a is inserted:

‘2a. Notifications pursuant to in paragraph 2, point (fb), of this Article to the supervisory

body and, where applicable, to other relevant competent bodies, shall be

madesupported through the single-entrynational entry point pursuant to Article

23a23b of Directive (EU) 2022/2555.;’

3. in Article 45a the following paragraph 3a is inserted:

‘3a. Notifications pursuant to in paragraph 3 to the Commission and to the competent

supervisory body, shall be madesupported through the single-entrynational entry

point pursuant to Article 23a23b of Directive (EU) 2022/2555.’

Article 8

Amendments to Regulation (EU) 2022/2554

Article 19 of Regulation (EU) 2022/2554 is amended as follows:

1. in paragraph 1, the first subparagraph is replaced by the following:

‘Financial entities shall report major ICT-related incidents to the relevant competent authority

as referred to in Article 46 via the single-entrywith the support of the national entry point

established pursuant to Article 23a23b of Directive (EU) 2022/2555 in accordance with

paragraph 4 of this Article.’

2. in paragraph 2, the first subparagraph is replaced by the following:

‘Financial entities may, on a voluntary basis, notify via the single-entrywith the support of

the national entry point established pursuant to Article 23a23b of Directive (EU) 2022/2555

significant cyber threats to the relevant competent authority when they deem the threat to be

of relevance to the financial system, service users or clients. The relevant competent authority

may provide such information to other relevant authorities referred to in paragraph 6.’

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Article 9

Amendments to Directive (EU) 2022/2557

Article 15 of Directive (EU) 2022/2557 is amended as follows:

1. in paragraph 1, the first sentence is replaced as follows:

‘Member States shall ensure that critical entities notify via the single-entrywith the support

of the national entry point established pursuant to Article 23a23b of Directive (EU)

2022/2555 the competent authority, without undue delay, of incidents that significantly

disrupt or have the potential to significantly disrupt the provision of essential services.;’

2. in paragraph 2, the following sub-paragraph is added:

‘The Commission may adopt implementing acts further specifying the type and format of

information notified pursuant to Article 15(1). Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 24(2).’

Article 10

Amendments, repeals and transitory clauses

1. Regulation 2019/1150/EU is repealed with effect from [date = entry into application of this

Regulation].amended as follows:

Articles 2(11), 2(12), 6, 8 to 10, 12 to 14, 16, 17, and 18 paragraphs (2) to (4), are deleted as of

[date of entry into force].

2. By way of derogation from paragraph 1, the following provisions shall continue to apply

until 31 December 2032:

(a) Article 2, point (1);

(b) Article 2, point (2);

(c) Article 2, point (5);

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(d) Article 4;

(e) Article 11;

(f) Article 15.

32. The following acts are repealed, with effect from [Date, aligned with the entry into

application of the amendments]:

a) Chapters III, IV, V, VI, VII of Regulation (EU) 2022/868;

b) Regulation (EU) 2018/1807;

3. Chapter I and II of Regulation (EU) 2022/868 and Directive 2019/1024 are

repealed [24 months after the publication in the Official Journal of the

European Union].

c) Directive 2019/1024.

4. References to Regulation (EU) 2022/868, Regulation (EU) 2018/1807 and Directive

2019/1024 shall be read in accordance with the correlation table set out in Annex I of this

Regulation.

Article 11

Final provisions

This Regulation shall enter into force on the third day following that of its publication in the

Official Journal of the European Union.

Deviating from paragraph 3, Article 5(2) shall enter into application 6 months after the publication

in the Official Journal of the European Union.

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By way of derogation from paragraph 1, Article 3(8), points (a) to (c), Articles 6 (2) and (3) and

7 to 9, shall enter into application 18 months from the entry into force of this Regulation.

DeviatingBy way of derogation from the first sentence, where the Commission finds in its

assessment pursuant to Article 23a (7) of Directive (EU) 2022/2555 that the single-entry point does

not ensure the proper functioning, reliability, integrity or confidentiality, the obligations to report

via the single-entrynational entry point set out in Article 23(4)23b of Directive (EU) 2022/2555,

Article 19a (1a), Article 24 (2a) and Article 45a (3a) of Regulation (EU) 910/2014, Article 33 (1) of

Regulation (EU) 2016/679, Article 19 (1) and (2) of Regulation (EU) 2022/2554, and Article 15(1)

of Directive (EU) 2022/2557 shall enter into application 2430 months from the entry into force of

this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

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ANNEX I

Correlation table

Directive (EU) 2019/1024 (Open

Data Directive)

Regulation (EU) 2023/2854

amended by this Regulation (Data

Act)

Article 1(1) 32i(1)

Article 1(2)(a)(b) 32i(2)(a)(b)

Article 1(2)(c) 32i(3)(d)

Article 1(2)(d)(i) 32i(2)(c)

Article 1(2)(d)(ii)-(iii) 32i(3)(a)

Article 1(2)(e) 32i(3)(g)

Article 1(2)(f) 32i(3)(b)(i)

Article 1(2)(g) 32i(3)(c)

Article 1(2)(h) 32i(3)(b)(ii)

Article 1(2)(i) 32i(2)(d)

Article 1(2)(j) 32i(3)(d)

Article 1(2)(k) 32i(3)(e)

Article 1(2)(l) 32i(3)(f)

Article 1(3) 32i(5)

Article 1(4) 1(5)

Article 1(5) 32i(6)

Article 1(6) 32i(7)

Article 1(7) 32i(8)

Article 2 2

Article 3 32n

Article 4 32o32la

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Article 5 32p

Article 6 (1-5) 32q(1-5)

Article 6(6) 32q(7)

Article 7(1) 32l(2)

Article 7(2) 32l(3)

Article 7(3) 32m

Article 8 32r

Article 9 32s

Article 10 32t

Article 11 32j

Article 12 32k

Article 13 32u

Article 14 32v

Article 15 45(2)

Article 16 46(1) (2)

Article 17 Repealed

Article 18 49(2a)

Article 19 Repealed

Article 20 Repealed

14756/26 173

ANNEX GIP.B EN

Regulation (EU) 2022/868 Data

Governance Act

Regulation (EU) 2023/2854

amended by this Regulation (Data

Act)

Article 1(1) 1(1)

Article 1(2) first subpraragraph 32i(4)

Article 1(2) second subpraragraph

(a)

32i (5)

Article 1(2) second subparagraph

(b)

Repealed

Article 1(2) third subpraragraph 1(12)

Article 1(3) 1(5)

Article 1(4) Repealed

Article 1(5) 1(6) second subpraragraph

Article 3(1) 2(54), 32i(1)(a), 32i(4)(a)

Article 3(2)(a) 32i(4)(b)

Article 3(2)(b) 32i(2)(d)

Article 3(2)(c) 32i(4)(c)

Article 3(2)(d) 32i(2)(c)

Article 3(2)(e) 32i(2)(a)

Article 3(3)(a) 32i(9)

Article 3(3)(b) 32i(5)

Article 4 32k

Article 5 (1), (3) – (6), (8) 32w

Article 5(2) 32j

Article 5(7) 32i(7)

Article 5 (9)- (14) 32x

Article 6 32y

14756/26 174

ANNEX GIP.B EN

Article 7 32z

Article 8 32aa

Article 9 32ab32la

Art. 10 Repealed

Art. 11 (1) 32e(1)

Art. 11 (2) Art. 32e (1)

Art. 11 (3) Art. 32e (2) in conjunction with

Art. 37 (11) Art. 37 (12) Art. 32g

(1) Art. 37 (13)

Art. 11 (4) 32e(4)

Art. 11 (5) 32e(4)

Art. 11 (6) Art. 32e(3)

Art. 11 (7) Repealed

Art. 11 (8) Repealed

Art. 11 (9) Art. 32a (3), (4), (6)

Art. 11 (10) Art. 32g (4) Art. 32a (2) Art. 32g

(5)

Art. 11 (11) Art. 32g(7)

Art. 11 (12) Art. 32g(8)

Art. 11 (13) Art. 32g(8)

Art. 11 (14) Art. 32g(9)

Art. 12 Art. 32g (partially repealed)

Art. 13 (1) Art. 32b, 37(1), (7)

Art. 13 (2) Repealed

Art. 13 (3) Art. 37(3), (5)(g)

Art. 14 (1) Art. 32g (1)

Art. 14 (2) Art. 32g (2)

Art. 14 (3) Art. 32g(3)

14756/26 175

ANNEX GIP.B EN

Art. 14 (4) Art. 32g(4) Art. 14(a)-(c) Repealed

Art. 14 (5) Repealed

Art. 14 (6) 32g (5)

Art. 14 (7) Art. 37 (5) (f) Art. 37(15) Art.

37(16)

Art. 15 Repealed

Art. 16 Repealed

Art. 17 (1) Art. 32a(1)

Art. 17 (2) Art. 32a(2), (3), (5)

Art. 18 Art. 32d

Art. 19 (1) Art. 32e(1), 37 (10)

Art. 19 (2) Art. 37(10)

Art. 19 (3) Art. 32d(a), 37(11) Art. 37(13)

Art. 19 (4) Art. 32e(3)

Art. 19 (5) Art. 32e(4)

Art. 19 (6) Art. 32e(4)

Art. 19 (7) Art. 32e(6), (7)

Art. 20 (1) Repealed

Art. 20 (2) Repealed

Art. 21 (1) Art. 32f (1)

Art. 21 (2) Art. 32f (2)

Art. 21 (3) Art. 32f (3)

Art. 21 (4) Repealed

Art. 21 (5) Art. 32f (4)

Art. 21 (6) Art. 32f (5)

Art. 22 Repealed

Art. 23 (1) Art. 32b, 37(1)

14756/26 176

ANNEX GIP.B EN

Art. 23 (2) Art. 37(7)

Art. 23 (3) Art. 37(5)(g)

Art. 24 (1) Art. 32g (1)

Art. 24 (2) Art. 32g (2)

Art. 24 (3) Art. 32g(3)

Art. 24 (4) Art. 32g(4)

Art. 24 (5) Art. 32g(5)

Art. 24 (6) Art. 37 (5) (f) Art. 37(15) Art.

37(16)

Art. 25 Art. 32h

Art. 26 (1) Art. 32b(2)

Art. 26 (2) Repealed

Art. 26 (3) Art. 32b(4)

Art. 26 (4) Art. 32b(5)

Art. 26 (5) Art. 37(9)

Art. 26 (6) For MS: Art. 37(5)(f) Art. 37(15)

Art. 37(16)

Art. 27 (1) Art. 38(1)

Art. 27 (2) Art. 38(2)

Art. 28 (1) Art. 39(1)

Art. 28 (2) Art. 39(3)

Art. 28 (3) Art. 39(2)

Art. 29 (1) Art. 41a (1), (2), 42

Art 29(2) Repealed

Art 29(3) Art 41a(4)

Art. 29(4) Repealed

Art. 30 Art 42

14756/26 177

ANNEX GIP.B EN

Art. 31 Art. 32

Art. 32 Art. 45

Art. 33 Art. 46(1),(1a),(2)

Art. 34 Repealed

Art. 35 Art. 49(2a)

Art. 36 Amends Regulation 2018/1724

Art. 37 Repealed

Art.38 Repealed

14756/26 178

ANNEX GIP.B EN

Regulation (EU) 2018/1807 (Free

Flow of Non-personal Data

Regulation)

Regulation (EU) 2023/2854

amended by this Regulation (Data

Act)

Article 1 Repealed

Article 2(1) Repealed

Article 2(2) Repealed

Article 2(3) subparagraph 1 Repealed

Article 2(3) subparagraph 2 Art. 1(11)

Article 3(1) Repealed

Article 3(2) Repealed

Article 3(3) Repealed

Article 3(4) Repealed

Article 3(5) Art. 2(62)

Article 3(6) Repealed

Article 3(7) Repealed

Article 3(8) Repealed

Article 4(1) Art. 32h

Article 4(2) Repealed

Article 4(3) Repealed

Article 4(4) Repealed

Article 4(5) Repealed

Article 5 Repealed

Article 6 Repealed

Article 7 Repealed

Article 8 Repealed

Article 9 Repealed

14756/26 179

ANNEX GIP.B EN

Annex II

List of thematic categories of high-value datasets, as referred to in Article 32ab(1) of Regulation

(EU) 2023/2854

1. Geospatial

2. Earth observation and environment

3. Meteorological

4. Statistics

5. Companies and company ownership

6. Mobility

Stenbocki maja / Rahukohtu 3 / 15161 Tallinn / Estonia / registrikood 70004809 +372 693 5555 / [email protected] / www.riigikantselei.ee

Riigikogu Euroopa Liidu asjade komisjon   Meie: 29.10.2026 nr 2-5/26-02179-2

      Ülevaade Eesti seisukohast Euroopa Liidu digivaldkonna koondpaketi hääletusel Euroopa Liidu Nõukogus

  Austatud Riigikogu Euroopa Liidu asjade komisjon      Edastan  Vabariigi  Valitsuse  29.  oktoobri  2026.  a  istungi  teadmiseks  võetud  justiits-  ja  digiministri põhjendus 21. oktoobril 2026. a Euroopa Liidu Nõukogu liikmesriikide valitsuste  alaliste  esindajate  komitee  istungil  Euroopa  Liidu  digivaldkonna  koondpaketile  vastu  hääletamise  kohta.  Vastu  hääletamise  põhjenduseks  on  vastuolu  koondpaketi  sisu  ning  Vabariigi Valitsuse 12. veebruari 2026. a istungil heakskiidetud ja 2. märtsil 2026. a Riigikogu  Euroopa  Liidu  asjade  komisjonis  kinnitatud  Eesti  seisukohtade  vahel.  Eesti  jaoks  on  probleemne, et isikuandmete kaitse üldmääruse muudatustega reguleeritakse tehisaru kui ühte  eraldiseisvat  tehnoloogilist  lahendust  ja  sellega  seoses  ei  täpsustata  piisavalt  andmesubjekti  õigusi kaitsvaid meetmeid. Samuti on Eesti jaoks probleemne, et tulevane andmemäärus ei loo  selgust  isikuandmete arvandmetena avalikustamise küsimuses  ja et ettepanekute suhtes pole  tehtud mõjuanalüüsi.     Lugupidamisega     (allkirjastatud digitaalselt) Heili Tõnisson Valitsuse nõunik     Lisad:  1. Seletuskiri 2. 21.10 Coreperis heaks kiidetud Euroopa Liidu digivaldkonna koondpaketi kompromisstekst 3. Määruse eelnõu COM(2025) 837  4. Määruse eelnõu lisa COM(2025) 837   Sandra Metste [email protected]

.

ET ET

EUROOPA KOMISJON

Brüssel, 19.11.2025

COM(2025) 837 final

2025/0360 (COD)

Ettepanek:

EUROOPA PARLAMENDI JA NÕUKOGU MÄÄRUS,

millega muudetakse määrusi (EL) 2016/679, (EL) 2018/1724, (EL) 2018/1725 ja

(EL) 2023/2854 ning direktiive 2002/58/EÜ, (EL) 2022/2555 ja (EL) 2022/2557 seoses

digivaldkonna õigusraamistiku lihtsustamisega ning tunnistatakse kehtetuks määrused

(EL) 2018/1807, (EL) 2019/1150, (EL) 2022/868 ja direktiiv (EL) 2019/1024

(digivaldkonna koondpakett)

{SWD(2025) 836 final}

ET 1 ET

SELETUSKIRI

1. ETTEPANEKU TAUST

• Ettepaneku põhjused ja eesmärgid

Komisjon esitas teatises rakendamise ja lihtsustamise kohta („Lihtsam ja kiirem Euroopa“)1

oma lähenemisviisi liidu õigusraamistiku kohandamiseks üha muutlikumale maailmale, nähes

ette liidu aquis’ uue hooga lihtsustamise, selgitamise ja täiustamise kui olulise meetme, mis

toetab liidu konkurentsivõimet.

See visioon vastab ulatuslikumale kavale, mille komisjoni president von der Leyen esitas oma

poliitilistes suunistes aastateks 2024–20292. Nagu on rõhutatud nii Draghi3 kui ka Letta4

aruandes, on õigusnormide kuhjumine avaldanud mõnel juhul negatiivset mõju

konkurentsivõimele. Inimesed ja ettevõtted vajavad kiiret ja nähtavat paranemist, mis

saavutatakse liidu õigusnormide kulutõhusama ja innovatsioonisõbralikuma rakendamisega,

säilitades samal ajal kõrged standardid ja kokkulepitud eesmärgid.

Euroopa Ülemkogu 20. märtsi 2025. aasta järeldustes kutsuti komisjoni üles „jätkama ELi

õigustiku läbivaatamist ja stressitestimist, et teha kindlaks viisid kehtivate õigusaktide

edasiseks lihtsustamiseks ja konsolideerimiseks“5. Samuti rõhutati, et on vaja tegeleda uute

lihtsustamisalgatustega. Oma 26. juuni järeldustes rõhutas Euroopa Ülemkogu „lõimitud

lihtsuse“ põhimõtte tähtsust õigusaktides, „kahjustamata prognoositavust, poliitikaeesmärke ja

kõrgeid standardeid“6. Euroopa Ülemkogu 23. oktoobri 2025. aasta järeldustes kinnitati taas

„pakilist vajadust edendada ambitsioonikat ja horisontaalselt juhitud lihtsustamise ja parema

õigusloome tegevuskava kõigil tasanditel – ELi, riiklikul ja piirkondlikul tasandil – ning

kõigis valdkondades, eesmärgiga tagada Euroopa konkurentsivõime“. Samuti kutsuti

komisjoni üles „esitama kiiresti täiendavaid ambitsioonikaid lihtsustamispakette, muu hulgas

[...] digiküsimuste [...] valdkonnas“7.

Euroopa Parlament rõhutas oma resolutsioonis „ELi siseturureeglite rakendamise ja

ühtlustamise kohta siseturu tugevdamiseks“, mille üle hääletati 11. septembril täiskogu

istungil,8 vajadust lihtsustada õigusnorme, et ettevõtjatel oleks lihtsam nõudeid täita,

kahjustamata seejuures ELi peamisi poliitikaeesmärke.

1 Komisjoni teatis Euroopa Parlamendile, nõukogule, Euroopa Majandus- ja Sotsiaalkomiteele ning

Regioonide Komiteele „Lihtsam ja kiirem Euroopa: teatis rakendamise ja lihtsustamise kohta“

(COM(2025) 47 final, 11. veebruar 2025).

2 Von der Leyen, U. (2024), „Euroopa valik.Poliitilised suunised järgmisele Euroopa Komisjonile (2024–

2029)“. Kättesaadav aadressil: e6cd4328-673c-4e7a-8683-f63ffb2cf648_et. 3 Draghi, M. (2024), „The future of European competitiveness“ (Euroopa konkurentsivõime tulevik).

Kättesaadav aadressil: Draghi aruanne ELi konkurentsivõime kohta. 4 Letta, E. (2024), „Much more than a market“ (Palju enamat kui turg). Kättesaadav aadressil: Enrico Letta,

„Much more than a market“ (aprill 2024). 5 Euroopa Ülemkogu järeldused, EUCO 1/25, Brüssel, 20. märts 2025, punkt 13. 6 Euroopa Ülemkogu järeldused, EUCO 12/25, Brüssel, 26. juuni 2025, punkt 30. 7 Euroopa Ülemkogu järeldused, EUCO 18/25, Brüssel, 23. oktoober 2025, punktid 33 ja 35. 8 Euroopa Parlamendi resolutsioon „ELi siseturureeglite rakendamise ja ühtlustamise kohta siseturu

tugevdamiseks“, 11. september 2025 (2025/2009/INI).

ET 2 ET

Lihtsustamiskavaga seoses toimunud komisjoni konsultatsioonide ja kaasamistegevuste

käigus on erinevaid huve esindavad sidusrühmad kutsunud üles tegema sihipäraseid

muudatusi teatavatesse digivaldkonna normidesse, et optimeerida nõuete täitmisega seotud

kulusid ja täpsustada õigusnormide vastastikust mõju oma sektoris.

2022. aastal oli IKT-sektori lisaväärtus Euroopa Liidus 791 miljardit eurot9 ning see sektor

täidab nii digiettevõtete kasvu kui ka oluliste digilahenduste pakkumise kaudu olulist rolli ELi

konkurentsivõime edendamisel kõigis majandussektorites. Digivaldkonna normid on aidanud

kujundada õiglast ettevõtluskeskkonda ELis. Nende abil on loodud digiteenuste jaoks tõeliselt

ühtne turg. EL on olnud digivaldkonna reguleerimisel esirinnas ning kujunenud põhiõiguste,

tarbijaohutuse ja Euroopa väärtuste kõrgeimal tasemel kaitse etaloniks.

Komisjon on võtnud kohustuse viia oma praeguse ametiaja jooksul läbi digivaldkonda

käsitlevate õigusnormide põhjalik stressitest. Eesmärk on väga selge: tagada, et õigusnormid

on jätkuvalt sobivad innovatsiooni ja majanduskasvu toetamiseks, täidavad oma eesmärke ja

on konkurentsivõime tõukejõuks. Komisjon püüab selle protsessi vältel pakkuda veenvaid

lahendusi, et lihtsustada ja täpsustada õigusnorme ning parandada nende tõhusust ja täitmise

tagamist kõigi kättesaadavate vahendite abil, olgu selleks siis õigusnormide kohandused,

asutustevahelise koostöö tõhustamine, lõimituse abil õigusnormidele vastavust lihtsustavate

digilahenduste edendamine või muud toetavad meetmed.

Digivaldkonna koondpaketi ettepanek on esimene samm digivaldkonda käsitlevate

õigusnormide kohaldamise optimeerimiseks. Ettepanek hõlmab paljudesse digivaldkonda

käsitlevatesse õigusaktidesse tehtavaid tehnilisi muudatusi, mis on valitud eesmärgiga

pakkuda ettevõtetele, avalikele haldusasutustele ja kodanikele kiiret leevendust ning

stimuleerida konkurentsivõimet. Lähieesmärk on tagada, et õigusnormide järgimine oleks

odavam, võimaldaks saavutada samad eesmärgid ja annaks vastutustundlikele ettevõtetele

konkurentsieelise. Muudatused seati tähtsuse järjekorda, tuginedes sidusrühmadega peetud

konsultatsioonidele ja esimestele rakendamist käsitlevatele dialoogidele, mille viisid läbi

juhtiv asepresident Henna Virkkunen ja volinik Michael McGrath.

Seetõttu keskenduvad muudatused andmete kasutamise võimaluste ärakasutamisele, kuna

andmed on ELi majanduse oluline ressurss, eelkõige pidades silmas usaldusväärsete

tehisintellektilahenduste arendamise ja ELi turul kasutamise toetamist. Andmekaitset ja eraelu

puutumatust käsitlevate õigusnormide sihipärased muudatused toetavad seda eesmärki ning

pakuvad ettevõtetele ja üksikisikutele viivitamatuid lihtsustamismeetmeid, mis tugevdaksid

nende võimet oma õigusi teostada.

Lisaks sellele on digivaldkonna koondpaketti kuuluva eraldi õigusakti ettepanekus esitatud

määruse (EL) 2024/1689 (tehisintellektimäärus10) muudatuste eesmärk hõlbustada

tehisintellekti ohutut ja usaldusväärset arendamist ja kasutamist reguleerivate õigusnormide

sujuvat ja tulemuslikku kohaldamist.

9 Eurostat (2025), Statistics explained: ICT sector – value added, employment and R&D. Kättesaadav

aadressil: ICT sector – value added, employment and R&D – Statistics Explained – Eurostat. 10 Vastavalt eraldi õigusakti ettepanekule.

ET 3 ET

Samuti on digivaldkonna koondpaketis kavandatud väga selge lahendus küberintsidentidest

teatamise lihtsustamiseks, koondades kõik asjaomased aruandluskohustused ühe

teavitamismehhanismi alla.

Ettepanekuga tunnistatakse kehtetuks platvormide reguleerimise valdkonna aegunud

õigusnormid, mis on asendatud uuemate õigusnormidega.

Muudatuste eesmärk on õigusnorme lihtsustada, vähendades õigusaktide arvu ja ühtlustades

sätteid. Sätete ja menetluste lihtsustamisega vähendatakse halduskulusid. Lisaks väikestele ja

mikroettevõtjatele, kelle suhtes juba kehtib erirežiim, vabastatakse teatavatest

andmevaldkonna õigusaktidega ja määrusega (EL) 2024/1689 (tehisintellekti käsitlev

määrus11) ette nähtud kohustustest väikesed keskmise turukapitalisatsiooniga ettevõtjad.

Samuti soodustavad muudatused dünaamilise ärikeskkonna tekkimist, luues suurema

õiguskindluse ja rohkem võimalusi, eelkõige seoses andmete jagamise ja taaskasutamise,

isikuandmete töötlemise ja tehisintellektisüsteemide ja -mudelite treenimisega.

Samal ajal on kavandatavad muudatused oma olemuselt tehnilised ja taotlevad

õigusraamistiku kohandamist, mitte selle aluseks olevate eesmärkide muutmist. Meetmed on

koostatud nii, et põhiõiguste kaitse standard jääks samaks.

Koos digivaldkonna koondpaketiga esitab komisjon ka Euroopa ettevõtluskukru määruse

ettepaneku, mis on õigusnormidele vastavuse lihtsustamise ja ettevõtete halduskoormuse

vähendamise üks põhialgatusi. Ettevõtluskukkur kavandatakse ettevõtete jaoks turvalise

digivahendina, mis toimib ühtse platvormina, et lihtsustada ettevõtjate tegevust kogu ELis.

Kordumatu ja püsiva identifikaatori kasutamine võimaldab ettevõtetel ühe lahenduse abil

digitaalselt identiteeti kontrollida, dokumente allkirjastada ning kontrollitud digiteavet

ajatempliga varustada ja sujuvalt piiriüleselt vahetada. Euroopa ettevõtluskukru

kasutuselevõtuga on äriühingutel, eriti VKEdel, võimalik hõlpsasti õigusnorme järgida, mis

vabastab olulised ressursid, mida saab suunata kasvu ja innovatsiooni edendamiseks.

Teise sammuna digivaldkonda käsitlevate õigusnormide „stressitesti“ läbiviimise kohustuse

täitmisel viib komisjon läbi ka digitaalse toimivuse kontrolli. Kuigi digivaldkonna

koondpaketi ettepanekud on kiireloomulised ja sihipärased, keskendub digitaalse toimivuse

kontrolli raames tehtav komisjoni analüüs digivaldkonna normide kumulatiivsele mõjule, et

kontrollida, kuidas need toetavad ELi konkurentsivõimet ja millistes valdkondades on vaja

käesoleva ametiaja teises pooles kavandada täiendavaid kohandusi.

Digitaalse toimivuse kontroll käivitatakse samal ajal koondpaketi ettepanekuga ja sellega

kaasneb laiaulatuslik avalik konsulteerimine. Komisjon soovib kaasata kõik sidusrühmad ja

korraldada laiaulatuslikud konsultatsioonid. Eesmärk on koostada ülevaade ja ulatuslikult

kaardistada, kuidas on ELi strateegilised tööstussektorid digivaldkonda käsitlevate

õigusnormidega kaetud, ning uurida, milline on õigusnormide kumulatiivne mõju nende

sektorite konkurentsivõimele. Selle alusel analüüsitakse teises etapis põhjalikumalt

koostoimet ja valdkondi, mida võiks veelgi ühtlustada, alates mõistetest ja õiguslikest

11 Vastavalt eraldi õigusakti ettepanekule.

ET 4 ET

kontseptsioonidest kuni juhtimissüsteemide ja muude toetusmeetmete tõhususe ja vastastikuse

mõjuni.

Digiõigustiku „stressitest“ jätkub ka rakendamist käsitlevate dialoogide kaudu ning kõigi

peamiste õigusaktide hindamisega. Praeguse kava kohaselt kavatseb komisjon lisaks

muudele algatustele avaldada 2026. aastal digiturgude määruse, digikümnendi

poliitikaprogrammi, kiibimääruse ja audiovisuaalmeedia teenuste direktiivi läbivaatamise ja

autoriõiguse direktiivi hindamise. 2027. aastal on kavas hinnata muu hulgas kübersolidaarsuse

määrust, avatud interneti määrust, küberturvalisuse 2. direktiivi ja digiteenuste määrust.

2028. aastal peaks komisjon hindama näiteks Euroopa meediavabaduse määrust ja

andmemäärust, millele järgneb 2029. aastal tehisintellektimääruse hindamine ning

küberturvalisuse valdkonna tööstuse, tehnoloogia ja teadusuuringute Euroopa pädevuskeskuse

ning riiklike koordineerimiskeskuste võrgustiku loomise määruse aegumisklausli hindamine.

Sidusrühmad on korduvalt rõhutanud, et sageli ei ole lihtsustamise eesmärk mitte niivõrd

õigusnormide muutmine, kui pigem nende kohaldamise selgitamine. Komisjon seab

esikohale rea suuniseid, mille eesmärk on toetada õigusnormide ühtset kohaldamist, ilma et

see piiraks Euroopa Kohtu tõlgendusi.

Komisjon teatas oma andmevaldkonna õigusraamistiku alastest prioriteetidest andmeliidu

strateegias ning keskendub eelkõige mõistlikku hüvitist käsitlevatele suunistele, et täpsustada,

millist tasu võib andmete jagamise eest küsida, et tagada õiguskindlus nii andmevaldajatele

kui ka andmesaajatele, ning suunistele mõistete selgitamise kohta.

Tehisintellektimääruse kohaldamise toetamiseks peab komisjon jätkuvalt prioriteetseks

suuniste avaldamist mitme aspekti kohta, mida on täpsemalt kirjeldatud tehisintellektimäärust

muutva digivaldkonna koondpaketi ettepaneku seletuskirjas.

Digivaldkonna koondpaketi õigusaktide ettepanekud

Andmealast õigustikku on viimastel aastatel laiendatud, nii et see hõlmab mitut õigusakti –

sellega on loodud keeruline õiguslik olukord, sealhulgas mõned kattuvused, osaliselt

ühtlustamata mõisted ja õigusaktide vastastikuse mõju probleemid. Eelkõige võeti vastu

määrus (EL) 2018/1807 (isikustamata andmete vaba liikumise määrus), mille eesmärk oli luua

pilvteenuste ühtne turg. See on osaliselt asendatud määruse (EL) 2023/2854 (andmemäärus)

VI peatükiga, milles on sätestatud andmetöötlusteenuste vahetamisega seotud kohustused.

Veel üks näide on määruse (EL) 2022/868 (andmehalduse määrus) II peatükk, mis täiendab

direktiivis (EL) 2019/1024 (avaandmete direktiiv) sätestatud avaliku sektori teabe

taaskasutamise õigusnorme andmete puhul, mida ei saa piiranguteta taaskasutada. Lisaks

kehtestati määruse (EL) 2022/868 (andmehalduse määrus) teistes peatükkides õigusnormid,

mis käsitlevad andmevahendusteenuseid, andmealtruismi ja välisriikide valitsuste taotlusi

juurdepääsuks isikustamata andmetele, ning loodi Euroopa Andmeinnovatsiooninõukogu.

Määrusega (EL) 2023/2854 (andmemäärus) kehtestati aga ühendatud seadmete tootjate ja

seotud teenuste osutajate oluline kohustus jagada andmeid kasutajatega ja ettevõtete kohustus

jagada andmeid valitsusasutustega, samuti kehtestati õigusnormid õiglaste

andmejagamislepingute kohta.

Selle probleemi lahendamiseks soovitatakse koondpaketi ettepanekus tunnistada kehtetuks

aegunud õigusnormid, eelkõige määruse (EL) 2018/1807 (isikustamata andmete vaba

liikumise määrus) kehtivad sätted, välja arvatud andmete asukoha nõuete keeld liidus, ning

konsolideerida ja ühtlustada määruse (EL) 2022/868 (andmehalduse määrus) õigusnorme,

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näiteks andmealtruismi ja andmevahendusteenuseid käsitlevaid õigusnorme, et suurendada

nende andmejagamismehhanismide atraktiivsust. Samal ajal ühendatakse andmehalduse

määruse õigusnormid, mis käsitlevad kaitstud andmete taaskasutamist, direktiivi

(EL) 2019/1024 (avaandmete direktiiv) õigusnormidega, et luua avaliku sektori asutuste

valduses olevate andmete taaskasutamiseks ühtne raamistik, mis kajastub määruses

(EL) 2023/2854 (andmemäärus). See lahendus toob palju kasu nii avaliku sektori andmeid

valdavatele avalikele haldusasutustele kui ka andmete taaskasutajatele, kuna see võimaldab

protsesse tõhustada ning vähendada erinevate riiklike õigusaktide tõlgendamise ja

rakendamisega seotud halduskoormust.

Ettepanekuga antakse avaliku sektori asutustele võimalus kehtestada erinevad tingimused ja

nõuda andmete taaskasutamise eest suuremat tasu väga suurtelt ettevõtjatelt, eelkõige määruse

(EL) 2022/1925 (digiturgude määrus) artiklis 3 määratletud pääsuvalitsejaks määratud

ettevõtjatelt, kellel on siseturul oluline võim ja mõju. Vältimaks olukorda, kus kõnealused

üksused kasutavad oma märkimisväärset turuvõimu viisil, mis kahjustab ausat konkurentsi ja

innovatsiooni, peab avaliku sektori asutustel olema võimalik kehtestada eritingimused

andmete ja dokumentide taaskasutamiseks selliste üksuste poolt.

Ettepanekuga lisatakse määruse (EL) 2024/1689 (andmete vaba liikumise määrus), määruse

(EL) 2022/868 (andmehalduse määrus) ja direktiivi (EL) 2019/1024 (avaandmete direktiiv)

konsolideeritud ja ühtlustatud õigusnormid määrusesse (EL) 2023/2854 (andmemäärus),

millega luuakse Euroopa andmemajanduse jaoks ühtne konsolideeritud õigusakt. Määrus

(EL) 2024/1689 (andmete vaba liikumise määrus), direktiiv (EL) 2019/1024 (avaandmete

direktiiv) ja määrus (EL) 2022/868 (andmehalduse määrus) tunnistatakse kehtetuks. Kõigis

neljas õigusaktis sisalduvad õigusnormid viiakse paremini kooskõlla ja neid lihtsustatakse, et

suurendada selgust ja järjepidevust, mis omakorda muudab need toimivamaks ja toetab

ettevõtteid innovatsiooni edendamisel. See algatus on kooskõlas andmeliidu strateegiaga,

mille põhieesmärk on lihtsustada õigusraamistikku.

Selleks et väiksemaid ettevõtteid veelgi enam aidata, laiendatakse väikeste ja keskmise

suurusega ettevõtjate (VKEde) jaoks ELi andmevaldkonna õigusaktide järgimist hõlbustavaid

õigusnorme ka väikestele keskmise turukapitalisatsiooniga ettevõtjatele. Määrus

(EL) 2023/2854 (andmemäärus), mida kohaldatakse alates 12. septembrist 2025, on oluline

samm õiglase ja konkurentsivõimelise andmemajanduse suunas ELis. Käesolevas ettepanekus

esitatud muudatuste eesmärk ei ole muuta määrusega (EL) 2023/2854 (andmemäärus)

saavutatut.

Selleks aga, et saavutada täielikult kõnealuse määruse eesmärk viia innovatsioon ja andmete

kättesaadavus tasakaalu andmevaldajate õiguste ja huvide kaitsega, tuleb siiski täpsustada

nelja olulist aspekti. Täpsemalt on äärmiselt tähtis tagada, et määrus (EL) 2023/2854

(andmemäärus) mitte ainult ei vähendaks koormust, vaid ka suurendaks õigusselgust ja

edendaks konkurentsivõimet. Esiteks on tungiv vajadus tugevdada kaitsemeetmeid, millega

hoitakse ära oht, et esemevõrgu andmete jagamist käsitlevate kohustuslike sätetega seoses

lekitatakse ärisaladusi kolmandatesse riikidesse. Teiseks võib ettevõtetelt riigile andmete

jagamise raamistiku ulatuslik kohaldamisala põhjustada õiguslikku ebaselgust. Kolmandaks

võib sätetest, mis käsitlevad andmete jagamise kokkulepete täitmiseks mõeldud nutilepingute

suhtes kohaldatavaid olulisi nõudeid, tuleneda õiguskindlusetus. Samuti jäävad määruse

(EL) 2023/2854 (andmemäärus) sätted andmetöötlusteenuste vahetamise kohta oluliseks,

andes keskse panuse avatuma ja konkurentsivõimelisema pilvteenuste turu loomisel.

Sellegipoolest ei võetud neis sätetes piisavalt arvesse selliste teenuste eripära, mida

kohandatakse kasutatavuse huvides oluliselt kliendi vajadustele või mida osutavad VKEd ja

ET 6 ET

väikesed keskmise turukapitalisatsiooniga ettevõtjad. Käesolevas ettepanekus sisalduvate

muudatustega säilitatakse eesmärk kaotada sõltuvus müüjast, eelkõige vahetustasud ja

andmete väljaviimise tasud, vähendades samal ajal eespool nimetatud teenuste osutajate

halduskoormust. Seega esitatakse ettepanekus muudatused, mis suurendavad õigusselgust ja

on tihedalt kooskõlas määruse (EL) 2023/2854 (andmemäärus) üldiste eesmärkidega.

Selleks et väiksemaid ettevõtteid veelgi enam aidata, laiendatakse väikeste ja keskmise

suurusega ettevõtjate (VKEde) jaoks ELi andmevaldkonna õigustiku järgimist hõlbustavaid

õigusnorme ka väikestele keskmise turukapitalisatsiooniga ettevõtjatele.

Isikuandmetega seoses kohaldatakse alates 25. maist 2018 määrust (EL) 2016/679 füüsiliste

isikute kaitse kohta isikuandmete töötlemisel ja selliste andmete vaba liikumise kohta

(isikuandmete kaitse üldmäärus), millega kehtestati kogu liidus ühtsed standardid, normid ja

kaitsemeetmed üksikisikute isikuandmete töötlemiseks, andmesubjektide õigused ning üldine

õigusraamistik isikuandmete töötlejate jaoks. Kuigi sidusrühmad on üldiselt leidnud, et

määrus (EL) 2016/679 (isikuandmete kaitse üldmäärus) on tasakaalustatud ja mõistlik ning

jätkuvalt otstarbekas, on mõned üksused, eelkõige väiksemad äriühingud ja ühendused, kus

teostatakse vähesel arvul vähemahukaid ja sageli väikese riskiga andmetöötlustoiminguid,

väljendanud muret seoses mõne isikuandmete kaitse üldmääruses sätestatud kohustuse

kohaldamisega. Mõned neist murekohtadest on võimalik lahendada järjepidevama ja ühtsema

tõlgendamise ja täitmise tagamisega liikmesriikides, teised aga nõuavad õigusakti sihipärast

muutmist. Sellega seoses on käesolevas ettepanekus sisalduvate muudatuste eesmärk neid