12 Amendments of Valérie HAYER related to 2022/0047(COD)
Amendment 128 #
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. Information derived or inferred from this data, where lawfully held, should not be considered within the scope of this Regulation. Products design-related data, meaning data related to the internal functioning and design of the product can expose EU companies' core know-how and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of the Regulation.
Amendment 150 #
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. Functional system data, meaning data related to the internal functioning of the product, in particular regarding interfaces between components, do not present any interest for users but can expose EU companies' know-how and and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of this Regulation.
Amendment 387 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect product design-related data. Accordingly, inferred data or derived data resulting from any software process that calculates derivative data from such data, as well as functional system data, should not be considered within the scope of this Regulation.
Amendment 396 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise designated as a gatekeeper,pursuant to Article 3 of (EU)2022/1925 on an entreprise shall not be binding on the latter enterprise if it is established as unfair under Article 13, paragraph 3 of this Regulation.
Amendment 467 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider, or use multiple providers at the same time. In particular, providers of data processing service shall remove pre-commercial, commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 483 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, applications and other digital assets to another provider of data processing servicescloud computing services, including after having benefited from a free-tier offering;
Amendment 491 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements, pre-commercial or commercial practices provided by the original provider.
Amendment 558 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X, the date of entry into force of this Regulation] onwards, providers of cloud computing services shall not impose any egress fees, or data transfer costs for the switching process or when a customer is using several providers simultaneously.
Amendment 606 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a connected product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicain accordance with Articles 8 and 9, provided that the third party and its ultimate parent have their registered seat in the European Union, without undue delay, free of charge to the user, of the same quality as is available to the data holder easily, securely, in a structured, commonly used and machine readable format and, where technically feasible, continuously and in real-time.
Amendment 660 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user;
Amendment 662 #
Proposal for a regulation
Article 6 – paragraph 2 – point c – point 1 (new)
Article 6 – paragraph 2 – point c – point 1 (new)
1) this is necessary to provide the service requested by the user; and
Amendment 663 #
Proposal for a regulation
Article 6 – paragraph 2 – point c – point 2 (new)
Article 6 – paragraph 2 – point c – point 2 (new)
2) the third party and its ultimate parent have their registered seat in the European Union.