6 Amendments of Daniel BUDA related to 2020/0340(COD)
Amendment 52 #
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, with a major impact including on cross-border activities. 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 . But it could also generate potential risks, without a specific intention. 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. 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, commerce, 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) 0640 final) 24 COM (2020) 66 final0066.
Amendment 58 #
Proposal for a regulation
Recital 4
Recital 4
(4) Action at Union level, especially based on efficiency and firm responsibility, is necessary in order to address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and 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 69 #
Proposal for a regulation
Recital 9
Recital 9
(9) Public sector bodies should comply with competition law when establishing the principles for re-use of data they hold, avoiding as far as possible the conclusion of agreements, which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. Such agreement should be only possible, as exception, when justified and necessary for the provision of a service of general interest. This may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question, for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the general interest. Such arrangements should, however, be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. In addition, such arrangements should comply with the relevant State aid rules, as appropriate, and should be concluded only for a limited period, which should not exceed three years. In order to ensure transparency and to ensure that there are no further violations of rights, such exclusive agreements should be completely motivated and published online, regardless of a possible publication of an award of a public procurement contract.
Amendment 78 #
Proposal for a regulation
Recital 13
Recital 13
(13) Data subject to intellectual property rights as well as trade secrets should only be transmitted to a third party where such transmission is lawful by virtue of Union or national law or with the agreement of the rightholder. This transmission should be previously completely motivated. Where public sector bodies are holders of the right provided for in Article 7(1) of Directive 96/9/EC of the European Parliament and of the Council (41 ) they should not exercise that right in order to prevent the re-use of data or to restrict re-use beyond the limits set by this Regulation. _________________ 41Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20).
Amendment 85 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonablethe necessary measures to prevent access to the systems where non-personal data is stored, including encryption of data or corporate policies.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation is without prejudice to specific provisions in other Union legal acts regarding access to or re- use of certain categories of data, or requirements related to processing of personal or non-personal data and does not weaken the level of data protection. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector-specific Union legal act shall also apply.