BETA

Activities of Dace MELBĀRDE related to 2020/0340(COD)

Plenary speeches (1)

2022/04/06
Dossiers: 2020/0340(COD)

Shadow reports (1)

2021/07/22
Committee: ITRE
Dossiers: 2020/0340(COD)
Documents: PDF(1 MB) DOC(471 KB)
Authors: [{'name': 'Angelika NIEBLER', 'mepid': 4289}]

Amendments (60)

Proposal for a regulation
Recital 2

(2) ~~Over the last few years, d~~Digital technologies have the potential to transformed the economy and society, affecting all sectors of activity and daily life. DProductive use of data is at the centre of this transformation: data-driven innovation will bring enormous benefits for both economies and citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . 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, 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.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 4

(4) Action at Union level is necessary in order to help 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. This is without prejudice to obligations and commitments in trade agreements concluded by the EU.

2021/04/28
Committee: ITRE

Proposal for a regulation
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 competition. 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~~burden 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.

2021/04/28
Committee: ITRE

(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non- personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, 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 who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.deleted

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 20

(20) Public sector bodies should be able to set and charge fees for the re-use of data ~~but~~. The 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~~proportional, transparent~~, published online~~ and non- discriminatory, and should be publicly available, including online.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 21

(21) In order to incentivise and promote the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data holders with management of the consent to re-use, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Data processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 23

(23) A specific category of data intermediaries includes providers of data sharing services that offer their services to data subjects in the sense of Regulation (EU) 2016/679. Such providers focus exclusively on personal data and seek to enhance individual agency and the individuals’ control over the data ~~pertain~~relating to them. They would assist individuals in exercising their rights under Regulation (EU) 2016/679, in particular managing their consent to data processing, the right of access to their own data, the right to the rectification of inaccurate personal data, the right of erasure or right ‘to be forgotten’, the right to restrict processing and the data portability right, which allows data subjects to move their personal data from one controller to the other. In this context, it is important that their business model ensures that there are no misaligned incentives that encourage individuals to make more data available for processing than what is in the individuals’ own interest. This could include advising individuals on uses of their data they could allow and making due diligence checks on data users before allowing them to contact data subjects, in order to avoid fraudulent practices. In certain situations, it could be desirable to collate actual data within a personal data storage space, or ‘personal data space’ so that processing can happen within that space without personal data being transmitted to third parties in order to maximise the protection of personal data and privacy.

2021/04/28
Committee: ITRE

Proposal for a regulation
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. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users. In that regard, it is of particular importance to shape that infrastructure in such a way that MSMEs do not encounter technical or other impediments for their participation in the data economy.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 26

(26) ~~A key element to bring~~It is paramount for the EU to enable a competitive environment for data sharing. One of the key elements to ensure trust and more control for data holder and data users in data sharing services is the neutrality of data sharing service providers as regards the data exchanged between data holders and data users. It is therefore necessary that data sharing service providers act only as intermediaries in the transactions, and do not use the data exchanged for any other purpose. This will also require structural separation between the data sharing service and any other services provided, so as to avoid issues of conflict of interest. This means that the data sharing service should be provided through a legal entity that is separate from the other activities of that data sharing provider except for services to improve the usability of the data . Data sharing providers that intermediate the exchange of data between individuals as data holders and legal persons should, in addition, bear fiduciary duty towards the individuals, to ensure that they act in the best interest of the data holders.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 26 a (new)

(26 a) To help promote proper functioning of the market, data intermediaries should take reasonable measures to ensure interoperability.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 27

(27) In order to ensure the compliance of the providers of data sharing services with the conditions set out in this Regulation, such providers should have a place of establishment in the Union~~. Alternatively, where a provider of data sharing services not established in the Union offers services within the Union, it should~~ or designate a representative. Designation of a representative is necessary, given that such providers of data sharing services handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this Regulation. In order to determine whether such a provider of data sharing services is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing services, or the use of a language generally used in the third country where the provider of data sharing services is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing services is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this Regulation.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 31

(31) In order to support effective cross- border provision of services, the data sharing provider should be requested to send a notification only to the designated competent authority from the Member State where its main establishment is located or where its legal representative is located. Such a notification should not entail more than a mere declaration of the intention to provide such services and should be completed only by the providing information set out in this Regulation. After the relevant notification the data sharing provider should be able to start operating in other Member States without further notification obligations.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 36

(36) Legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements, should be able to register as ‘Data Altruism Organisations recognised in the Union’. This could lead to the establishment of data repositories. As registration in a Member State would be valid across the Union, ~~and~~ this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. The voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. Further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective and clearly communicated technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 39

(39) To promote trust and bring additional legal certainty to granting and withdrawing of consent, in particular in the context of scientific research and statistical use of data made available on an altruistic basis, a European data altruism consent form should be developed and used in the context of altruistic data sharing. Such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. It could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data. In order to take into account the specificities of individual sectors, including from a data protection perspective, there should be a possibility for sectoral adjustments of the European data altruism consent form.

2021/04/28
Committee: ITRE

Proposal for a regulation
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)~~media, cultural and creative sectors, transport and statistics) as well as other relevant stakeholders. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.

2021/04/28
Committee: ITRE

Proposal for a regulation
Recital 43

(43) In order to take account of the specific nature of certain categories of data, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down special conditions applicable for transfers to third-countries of certain non-personal data categories deemed to be highly sensitive in specific Union acts adopted though a legislative procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

2021/04/28
Committee: ITRE

Proposal for a regulation
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. 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. Any additional requirements shall be non-discriminatory, proportionate and objectively justified.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)

(2 a) 'data intermediary' means a provider of a service which through the provision of technical, legal and other means establishes relation with data holders, including data subjects and an indefinite number of potential data users, and which assists both parties in a transaction of data assets between the two.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)

(6 a) 'data re-user' is a natural or legal person who re-uses data as defined in point (2) of this Article;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking a ~~reward~~profit, for purposes of general interest defined, where applicable, in accordance with the national legislation, such as scientific research purposes or improving public services;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 4 – point a

(a) to access and re-use the data within a remote secure processing environment provided and controlled by the public sector ;

2021/04/28
Committee: ITRE

Proposal for a regulation
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- countries.deleted

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 3

(3) Public sector bodies shall ensure that any fees 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~~.

2021/04/28
Committee: ITRE

Proposal for a regulation
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 by~~such as research and by micro, small and medium-sized enterprises in line with State aid rules.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 1

(1) Member States shall designate one or more competent bodies, which may be sectoral, to support the public sector bodies which grant access to the re-use of the categories of data referred to in Article 3 (1) in the exercise of that task. In order to fulfil the conditions set out by this Regulation, Member States may delegate the tasks to already existing one or more competent bodies, without being required to set up new ones.

2021/04/28
Committee: ITRE

Proposal for a regulation
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) with~~in a reasonable time~~out undue delay, and in any case wino later thian two months from the date of the request.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 6 – point d

(d) a website where above information on the provider and the activities can be found, where applicable;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 6 – point h

(h) optionally, and indicative list of the Member States where the provider intends to provide services.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 9

(9) TUsing electronic means and permitting for the use of automated tools, the competent authority shall notify the Commission of each new notification. The Commission shall keep a register of providers of data sharing services.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 9

(9) The competent authority shall notify the Commission of each new notification. The Commission shall keep and regularly update a public register of all providers of data sharing services.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 1 – point 3

(3) the provider shall ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both data holders and data users, including as regards to prices;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 1 – point 6 a (new)

(6 a) the provider to the extent possible shall ensure interoperability with other data sharing services;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 1 – point 8

(8) the provider shall take measures to ensure a high level of security for the storage and transmission of ~~non-personal~~ data;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 1 – point 11

(11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place and ensure that data subjects are also provided with tools to withdraw consent.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 4 – introductory part

(4) The competent authority shall have the power to require the cessation of the breach referred to in paragraph 3 ewith~~er immediately or with~~in a reasonable time limit or, in extreme and duly justified cases, immediately, and shall take appropriate and proportionate measures aimed at ensuring compliance. In this regard, the competent authorities shall be able, where appropriate:

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 4 – point a

(a) to impose ~~dissuasive financial penalti~~fines which may include periodic penalties, including ones with retroactive effect;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 4 – point b

(b) to require ~~cessation or postponement~~postponement or cessation of the provision of the data sharing service., the latter in case where serious breaches have not been addressed, despite being previously identified and communicated;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 5

(5) The competent authorities shall communicate the measures imposed pursuant to paragraph 4 ~~and~~, the reasons on which they are based as well as the necessary steps to be taken to rectify the relevant shortcomings to the entity concerned without delay and shall stipulate a reasonable period for the entity to comply with the measures.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 15 – paragraph 1

(1) Each competent authority designated pursuant to Article 20 shall keep a regularly-updated public register of recognised data altruism organisations.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 15 – paragraph 2

(2) The Commission shall maintain a publicly accessible and regularly updated Union register of recognised data altruism organisations.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 1 – point b

(b) operate on a not-for-profit basis and be legally and structurally independent from any entity that operates on a for-profit basis;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 16 – paragraph 1 – point c

(c) perform the activities related to data altruism ~~take place~~ through a legally independent structure, separate from other activities it has undertaken.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 17 – paragraph 7

(7) ~~Any entity entered in the~~Entities register ofed as recognised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the changes takes place.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 2

(2) The entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing as well as that the obtained consent from data subjects or permissions to process data made available by legal persons can be easily withdrawn.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 19 – paragraph 3

(3) Where an entity entered in the register of recognised data altruism organisations provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions outside the Union in which the data use is intended to take place.

2021/04/28
Committee: ITRE

Competent authorities for registration of data altruism organisations

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 20 – paragraph 1

(1) Each Member State shall designate one or more competent authorities responsible for the register of recognised data altruism organisations and for the monitoring of compliance with the requirements of this Chapter. The designated competent authorities for the registration of data altruism organisations shall meet the requirements of Article 23.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 20 – paragraph 3

(3) The competent authority for the registration of data altruism organisations shall undertake its tasks in cooperation with the data protection authority, where such tasks are related to processing of personal data, and with relevant sectoral bodies of the same Member State. For any question requiring an assessment of compliance with Regulation (EU) 2016/679, the competent authority shall first seek an opinion or decision by the competent supervisory authority established pursuant to that Regulation and comply with that opinion or decision.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 1

(1) In order to facilitate and ease the collection of data based on data altruism, the Commission may adopt implementing acts developing a European data altruism consent form. The form shall allow the collection of consent across Member States in a uniform format. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2).

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 22 – paragraph 4

(4) The form shall be available in a ~~manner that can~~digital format that also permits it to be printed on paper and read by humans as well as in a~~n electronic,~~ machine-readable form.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 1

(1) The competent authorities designated pursuant to Article 12 and Article 20 shall be legally distinct from, and functionally independent of any provider of data sharing services or entity included in the register of recognised data altruism organisations. The functions of the competent authorities designated pursuant to Article 12 and Article 20 may be carried out by the same entity.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 23 – paragraph 5

(5) The competent authorities shall have at their disposal the adequate financial ~~and human~~, human and technical resources to carry out the tasks assigned to them~~, including the necessary technical knowledge and resources~~.

2021/04/28
Committee: ITRE

Proposal for a regulation
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 spaces and other representatives of ~~competent authoritie~~relevant stakeholders in specific sectors.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 26 – paragraph 2

(2) Stakeholders and relevant third parties ~~may~~shall be invited to attend meetings of the Board and to participate in its work.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 26 – paragraph 4 a (new)

(4 a) The Board's deliberations and, where relevant, documents shall be made public.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 27 – title

Tasks of the European Data Innovation Board

2021/04/28
Committee: ITRE

Proposal for a regulation
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 as well as entities carrying out activities in relation to data altruism;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)

(d a) to advise and assist the Commission in developing consistent guidelines for cybersecurity requirements for the exchange and storage of data;

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 27 – paragraph 1 – point e

(e) to facilitate the cooperation between national competent authorities and, where relevant, European and international bodies under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations.

2021/04/28
Committee: ITRE

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1

The addressee of the decision ~~shall~~may ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulation, in order to determine if these conditions are met.

2021/04/28
Committee: ITRE