15 Amendments of Abir AL-SAHLANI related to 2022/0047(COD)
Amendment 122 #
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. Product- design data, that relate exclusively to the inner functioning and design of a product and do not present a significant interest to the user, for example data generated or collected as a by product of the interaction between components of sub-components of a system, should be excluded from the scope of this Regulation, provided the product manufacturer can show sharing such data brings no significant benefits to the user in reasonably foreseeable use cases such as the maintenance and repair of the product.
Amendment 127 #
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. Product design data, that relate exclusively to the inner functioning and design of a product,should be excluded from the scope of this Regulation insofar as such data brings no significant benefits to the user in reasonably foreseeable uses cases.
Amendment 223 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) “product design data” are data that relate exclusively to the internal functioning of the system and design of the product, for instance in relation to interfaces and interactions between internal components or sub-components of the system;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) and which is determined according to the respective procedures under Union or national law;
Amendment 331 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The third party shall implement adequate organizational, technical and cybersecurity measures to preserve the integrity of the data and to ensure its protection against unauthorised disclosure.
Amendment 355 #
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(b a) inform the user of the unauthorised use or disclosure of the data and measures taken to put an end to the unauthorised use or disclosure of the data.
Amendment 367 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. This Chapter is without prejudice to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725.
Amendment 380 #
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
Amendment 407 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the applicable rules on personal data protection shall be fully complied with. The data holder shall take reasonable efforts to pseudonymise the datapersonal data made available, insofar as the request can be fulfilled with pseudonymised data.
Amendment 417 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(b a) implement adequate administrative, technical and cybersecurity measures to prevent the unauthorised disclosure of the data;
Amendment 418 #
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
Article 19 – paragraph 1 – point b b (new)
(b b) inform without undue delay the data holder when a security incident has occurred that is affecting the confidentiality,integrity, or availability of the data it holds that was provided by the data holder;
Amendment 420 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate technical, cybersecurity, and organizational measures to preserve the confidentiality of those trade secrets and to ensure the security of the data and the prevention of its unauthorised disclosure.
Amendment 430 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received, providing all necessary information regarding the identity of the data recipient and the activities to be carried out by the data recipient, and shall ensure all organizational,technical, and cybersecurity measures to preserve the integrity of the data and to prevent its unauthorised disclosure.
Amendment 457 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shallmay, by way of implementing acts, adopt common specifications, where harmonised standards referred to in paragraph 4 of this Article do not exist or in case it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article, where necessary, with respect to any or all of the requirements laid down in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Common specifications shall be developed in an open, transparent, technology-neutral manner, in consultation with industry and relevant stakeholders.
Amendment 461 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Where harmonised standards referred to in paragraph 4 of this Article do not exist or where the Commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article in a cross- border context, the Commission may, by way of implementing acts, adopt common specifications in respect of the essential requirements set out in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Common specifications shall be developed in an open, transparent, technology-neutral manner, in consultation with industry and relevant stakeholders.