20 Amendments of Michal ŠIMEČKA related to 2022/0047(COD)
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) and which is determined according to the respective procedures under Union or national law;
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means the maintenance of a minimum level of functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the destination service will deliver the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contract, , insofar as the originating and the destination data processing services cover (in part or in whole) the same service type;
Amendment 263 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely, safely, and, where relevant and appropriate, directly accessible to the user, in a structured, commonly used and machine-readable format.
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the nature and volumtype of the data likely to be generated by the use of the product or related service;
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) how the user may access, retrieve, and request the deletion of those data;
Amendment 282 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge, easily, securely, in as structured, commonly used and machine-readable format and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 288 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product or a related service that competes with the product or the related service from which the data originate.
Amendment 305 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active, unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time.
Amendment 328 #
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) use the data it receives to develop a product or related service that competes with the product or the related service from which the accessed data originate or share the data with another third party for that purpose;
Amendment 331 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The third party shall implement adequate organizational, technical and cybersecurity measures to preserve the integrity of the data and to ensure its protection against unauthorised disclosure.
Amendment 416 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) implement, insofar as the processing of personal data is necessary, technical, cybersecurity, and organisational measures that safeguard the rights and freedoms of data subjects;
Amendment 417 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(b a) implement adequate administrative, technical and cybersecurity measures to prevent the unauthorised disclosure of the data;
Amendment 418 #
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
Article 19 – paragraph 1 – point b b (new)
(b b) inform without undue delay the data holder when a security incident has occurred that is affecting the confidentiality,integrity, or availability of the data it holds that was provided by the data holder;
Amendment 420 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate technical, cybersecurity, and organizational measures to preserve the confidentiality of those trade secrets and to ensure the security of the data and the prevention of its unauthorised disclosure.
Amendment 437 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 360 calendar days, the contractual agreement of the service;
Amendment 441 #
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall:
Amendment 446 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 360 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 456 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission mayshall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article
Amendment 458 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The Commission mayshall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft European standards applicable to specific service types of data processing services.
Amendment 460 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Commission mayshall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential the requirements under paragraph 1 of this Article.