18 Amendments of Geoffroy DIDIER 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 with the exception of prototypes. 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 scope of this Regulation, nor any data that is subject to an intellectual property right, except on the basis of a data sharing agreement. Products design-related data, meaning data related to the internal functioning and design of the product can expose industry’s core know-how and intellectual property. Such data should therefore be excluded from the scope of the Regulation. Data that is constitutive of a trade secret should only be made available to a data user or third party upon prior consent of the trade secret holder and if all the necessary measures to protect the confidentiality of the trade secrets have been taken by the third party.
Amendment 132 #
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 that is already accessible to the data holder 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. Products design-related data is excluded from scope of this Regulation.
Amendment 191 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect data that is subject to an intellectual property right. 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 scope of this Regulation.
Amendment 227 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
Amendment 253 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processcloud computing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed natureservice enabling ubiquitous, scalable, elastic and on-demand network access to a shared pool of configurable computing resources of a centralised, distributed or highly distributed nature, limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider interaction;
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its exportable data between the customer’s cloud services, including in different deployment models;
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
(13b) 'cloud computing service switching' or 'switching' means the process where a cloud service customer suitably changes from using one cloud computing service to using a second equivalent service offered by a different provider of cloud computing services, involving the provider of source cloud computing services, the customer and the provider of destination cloud computing services.
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 c (new)
Article 2 – paragraph 1 – point 13 c (new)
(13c) ‘exportable data’ means the output data directly generated by the customer’s use of the cloud computing service in an available mutually agreed format, excluding any cloud computing service provider's or third party assets or data covered by intellectual property rights, trade secrets or confidential information.
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. Tand data subject to intellectual property rights shall never be disclosed without the prior consent of the trade secret holder or intellectual property rights holder. The trade secret holder, the data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The trade secret holder or intellectual property rights holder shall identify the data which are protected.
Amendment 304 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall onlynever be disclosed to third parties without the prior consent of the trade secret holder or intellectual property right holder, and only to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and that all specific necessary measures agreed between the datatrade secret holder or intellectual property right holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third partyThe trade secret holder or intellectual property right holder shall identify the data which are protected.
Amendment 423 #
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. Disclosure of trade secrets or alleged trade Secrets or intellectual property rights to individuals or organisations receiving the data pursuant to paragraph 1 shall only be required to the extent that it is strictly necessary to achieve the purpose of the request, provided that all specific necessary measures required by the trade secret holder or intellectual property rights holder are taken to preserve the confidentiality of trade secrets, in particular with respect to the third parties, and shall always require the consent of the trade secret holder or intellectual property rights holder. The data holder and individuals or organisations receiving the data pursuant to paragraph 1 can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties.
Amendment 485 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, applications and other digital assetsexportable data to another provider of data processing services;.
Amendment 502 #
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 sand in accordance witch to a data processhe contractual agreement in place, to switch to a cloud computing service offered by another provider of data processcloud computing services 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 30 calendar dexportable data to an on-premise system, without undue delays, during which the data processprovider of cloud computing service providers shall:
Amendment 535 #
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 30 calendar days that may be amended by mutual agreement, starting after the termination of the transition period that was agreed between the customer and the service provider of cloud computing services, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 551 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs], onwards, providers of data processcloud computing services shall not impose any charges on the customers who are consumers for the switching process.
Amendment 563 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yrs], providers of data processcloud computing services may impose reduced charges on the customers who are consumers for the switching process.
Amendment 569 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processcloud computing services that are directly linked to the switching process and shall be associated with mandatory operations that the provider of cloud computing processing services must perform as part of the switching process concerned.
Amendment 588 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For data processProviders of cloud computing services otshall, where than those covered by paragraph 1, providers of data processing services shallechnically feasible without hindering their security standards, ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.