38 Amendments of Martina DLABAJOVÁ related to 2020/0340(COD)
Amendment 113 #
Proposal for a regulation
Recital 2
Recital 2
(2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . The data economy has to be built in a way to enable companies, especially micro, small and medium sized enterprises (SMEs) to thrive, ensuring data access neutrality, portability and interoperability. In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law, which can be pivotal for the rapid development of Artificial Intelligence technologies. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final.
Amendment 130 #
Proposal for a regulation
Recital 4
Recital 4
(4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a. A Union-wide governance framework for data accessshould have the objective of building trust among individuals and companies for data access, control, sharing, use and re-use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons.
Amendment 147 #
Proposal for a regulation
Recital 10
Recital 10
(10) Prohibited exclusive agreements and other practices or arrangements between data holders and data re-userpertaining to the re-use of data held by public sector bodies which do not expressly grant exclusive rights but which can reasonably be expected to restrict the availability of data for re-use that have been concluded or have been already in place before the entry into force of this Regulation should not be renewed after the expiration of their term. In the case of indefinite or longer-term agreements, they should be terminated within three years from the date of entry into force of this Regulation.
Amendment 153 #
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and, objectively justified, while not restricting and in line with competition law. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
Amendment 184 #
Proposal for a regulation
Recital 20
Recital 20
(20) Public sector bodies should be able to charge fees for the re-use of data but. Such fees should be reasonable, transparent, published online and non-discriminatory. Public sector bodies should also be able to decide to make the data available at lower or no cost, for example for certain categories of re-uses such as non- commercial re-use, or re-use by micro, small and medium-sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be reasonable, transparent, published online and non- discriminatory. The list of categories of re- users for which discounted or no fees apply should be made public together with the criteria used to establish such list, in line with State aid rules and competition law.
Amendment 200 #
Proposal for a regulation
Recital 24
Recital 24
(24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises that in terms of knowledge of data sharing, are often comparable to individuals. Upon request and informed consent of their associated members, cooperatives - which detain the data of their members for the realisation of their economic, social and cultural purposes - should be identifiable as "data cooperatives".
Amendment 205 #
Proposal for a regulation
Recital 25
Recital 25
(25) In order to increase trust in such data sharing services, in particular related to the use of data and the compliance with the conditions imposed by data holders, it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy provision of such data sharing services. This will contribute to ensuring that data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use, which is at the core of increasing such trust among data holders, be they individuals or companies. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users.
Amendment 250 #
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), the EU SME Envoy or a representative appointed by the network of SME envoys and representatives of relevant Agencies. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Representatives of national, trans-national or Common European data spaces, businesses, researchers and civil society should be invited regularly to participate in the work of the Board. The Board should meet in different configurations, depending on the subjects to be discussed.
Amendment 298 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘personal data’ means any information relating to a data subject as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2 b) 'data subject' means an identified or identifiable natural person as referred to in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 329 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) 'data cooperative' means an organisation supporting its members, who are data subjects or one-person companies, micro, small and medium- sized enterprises, in making informed choices before consenting to data processing, or in negotiating terms and conditions for data processing and data sharing;
Amendment 331 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
Article 2 – paragraph 1 – point 10 b (new)
(10 b) 'purposes of general interest' means purposes established by national law and national competent authorities including and not limited to healthcare, official statistics, improving the provision of public services, supporting research;
Amendment 361 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 366 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Conditions for re-use shall be non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrictbe in line with competition law.
Amendment 370 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Public sector bodies may impose an obligation to re-use only pre-viously processed data where such pre-processing, performed by the public sector itself, aims to anonymize or pseudonymise personal data or delete commercially confidential information, including trade secrets. or content protected by Intellectual Property Rights;
Amendment 386 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used, including high level cybersecurity standards. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
Amendment 410 #
Proposal for a regulation
Article 5 – paragraph 11
Article 5 – paragraph 11
(11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third-countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third- countriesshall be non-discriminatory, proportionate and limited to what is necessary to achieve the public policy objectives identified in the Union law act.
Amendment 422 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrictbe in line with competition law.
Amendment 429 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and bythe re-use by micro and small and medium-sized enterprises in line with State aid rules.
Amendment 430 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(4 a) Public sector bodies may set up a list of categories of re-users for which data is made available at reduced or no cost, which shall be published together with the criteria used to establish such list and which shall have the objective to foster a wider re-use of the categories of data referred to in Article 3(1) and accessibility by a wider range of re-users, in line with State aid rules and competition law;
Amendment 437 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data and the deletion of commercially confidential information, including trade secrets or content protected by Intellectual Property Rights;
Amendment 456 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable timethe shortest delay, and in any case within two months from the date of the request.
Amendment 462 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) services of data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, who are members of the cooperative or who confer the power to the cooperative to negotiate terms and conditions for data processing before they consent, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons.
Amendment 503 #
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
(2) the metadata collected from the provision of the data sharing service may be used only for the development of that service and should be made available to the data holders upon request;
Amendment 512 #
Proposal for a regulation
Article 11 – paragraph 1 – point 5
Article 11 – paragraph 1 – point 5
(5) the provider shall have procedures in place to prevent and monitor potential fraudulent or abusive practices in relation to access to data from parties seeking access through their services;
Amendment 514 #
Proposal for a regulation
Article 11 – paragraph 1 – point 6
Article 11 – paragraph 1 – point 6
(6) the provider shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient guarantees in place that allow data holders and data users to obtain access to and to retrieve their data in case of insolvency of the provider;
Amendment 521 #
Proposal for a regulation
Article 11 – paragraph 1 – point 8
Article 11 – paragraph 1 – point 8
(8) the provider shall take measures to ensure a high level of security, including cybersecurity standards, for the storage and transmission of non-personal data;
Amendment 536 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall build up a strong cooperation and exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers.
Amendment 539 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) Where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in Article 10 or 11, it shall notify that provider of those findings and give it the opportunity to state its views, within a reasonable time limitthe shortest delay.
Amendment 607 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
(1) Any entity entered in the register of recognised data altruism organisations shall inform data holderssubjects and legal entities in a clear and easy-to-understand manner:
Amendment 612 #
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) about the purposes of general interest for which it permits the processing of their data by a data user in an easy-to- understand manner;
Amendment 670 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
(1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spacethe EU SME Envoy or a representative appointed by the network of SME envoys and other representatives of relevant Agencies or competent authorities in specific sectors.
Amendment 677 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may, including representatives of national, trans-national or Common European data spaces, businesses, researchers, civil society shall be invited regularly to attend meetings of the Board and to participate in its work.
Amendment 692 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) to advise and assist the Commission in developing a consistent practice of the competent authorities in the application of requirements applicable to data sharing providers and data altruism organisations;
Amendment 699 #
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) to assist the Commission in addressing fragmentation of the data economy in the single market by enhancing the interoperability of data as well as data sharing services between different sectors and domains, building on existing European, international or national standards, inter alia with the aim of encouraging the creation of Common European data spaces;
Amendment 713 #
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(e a) to advise the Commission in the decision of adopting implementing acts referred to in article 5 (9);
Amendment 714 #
Proposal for a regulation
Article 27 – paragraph 1 – point e b (new)
Article 27 – paragraph 1 – point e b (new)
(e b) to assist the Commission in the discussions conducted at bilateral, plurilateral or multilateral level with third countries aimed at improving the regulatory environment for non-personal data, including standardisation, at global level;
Amendment 737 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
By [fourtwo years after the data of application of this Regulation], the Commission shall carry out an evaluation 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. Member States shall provide the Commission with the information necessary for the preparation of that report.