40 Amendments of Gianna GANCIA related to 2022/0047(COD)
Amendment 131 #
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. This means that this Regulation only applies to raw data and its relevant metadata. 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.
Amendment 139 #
Proposal for a regulation
Recital 15
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps. Overall, existing contracts governing data sharing should be exempted from this Regulation.
Amendment 144 #
Proposal for a regulation
Recital 16
Recital 16
(16) It is necessary to lay down rules applying to connected products that, at the time of the sale, rental or leasing agreement incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing itsone of its main functions. Such related services can be part of the sale, rent or lease agreement, or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller, renter, lessor or other persons in previous links of the chain of transactions, including the manufacturer. These related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. Neither the power supply nor the supply of the connectivity are to be interpreted as related services under this Regulation. This Regulation should also apply to a related service that is not supplied by the seller, renter or lessor itself, but is supplied, under the sales, rental or lease contract, by a third party. In the event of doubt as to whether the supply of service forms part of the sale, rent or lease contract, this Regulation should apply. For the sake of legal certainty, electronic communication services are not in scope.
Amendment 180 #
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided by the data holder to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679.
Amendment 399 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 403 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1 d) "metadata" as defined in Data Governance Act European Commission proposal Article 2 means data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service, including the date , time and geolocation data, duration of activity, connections to other natural or legal persons established by the person who uses the service;
Amendment 408 #
(1 e) "diagnostic data" means data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 409 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘raw data’ means data in the form and format in which they are generated or collected directly from a source and not processed in any way;
Amendment 410 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
Amendment 422 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘related service’ means a digital service, including software, which is incorporated in orbut excluding electronic communication services (ECS), which is at the time of the purchase, rental or leasing agreement, inter- connected with a product in such a way that its absence would prevent the product from performing one of its core functions;
Amendment 433 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, rents or leases a product or receives a servicesrelated service from the data holder;
Amendment 442 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who de facto holds, controls and is able to grant access to the data, and who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical design of the product and related services, the ability, to make available certain data;
Amendment 457 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativesuch as major public health emergencies, emergencies resulting from major natural disasters, negatively and suddenly affecting the population of the Union, a Member State or a major part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State(s), and as determined according to the respective procedures in the Member States or of relevant international organisations;
Amendment 532 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder (opt out).
Amendment 554 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The manufacturer shall have the right to access easily and securely the data generated by the use of the products it sells, rents or leases to users that are legal persons.
Amendment 565 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the raw data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 576 #
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 preservehe data holder shall be under no obligation to share data theat confidentiality of trade secrets in particular with respect to third parties. The data holder and thstitute, or allow conclusions about trade user can agree measures to preserve the confidentiality of the shared data, in particular in relation tocrets of the data holder or third parties.
Amendment 612 #
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 product or related service to a third party, that has a 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 and, where applicable and technically feasible, continuously and in real-time.
Amendment 658 #
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; the third party should have a registered seat in the European Union.
Amendment 763 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon request, a data holder shall make data available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need and a public emergency to use the data requested.
Amendment 774 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is necessary to respond to a public emergency;, meaning a public health crisis, a major natural disaster or a man- made disaster.
Amendment 810 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) specify what data are required;a. establish that it is acting as the single public sector body in charge of requesting data, authorized to this end by Union or Member State law as per Article 14(1) of this Regulation; b. specify what data are required; c. demonstrate the exceptional need for which the data are requested; d. explain the purpose of the request, the intended use of the data requested, and the duration of that use; e. specify the deadline by which the data are to be made available or within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request; f. submit a declaration on the lawful and secure handling of the data received; g. specify the names of the third parties it intends to share the obtained data with pursuant to paragraph 4.
Amendment 812 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 815 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 819 #
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 821 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 862 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
Where a public sector body or a Union institution, agency or body requests, transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received.
Amendment 868 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4 a. The data request cannot concern data already available within the public sector domain.
Amendment 871 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. A data holder receiving a request for access to data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body where possible without undue delay, taking into account provision of time for the necessary technical, organizational, and legal measures.
Amendment 910 #
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 measures to preserve the confidentiality of those trade secrets. and issue a statement declaring: a. the purpose for which trade secrets would be used b. the way the trade secrets would contribute to the achievement of such purpose c. the detailed measures that would be taken to protect them.
Amendment 919 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of charge.in exchange for compensation not exceeding the technical and organisational costs incurred related to making the data available to the public sector body including, where applicable, the costs of anonymisation and pseudonymization and of other necessary technical adaptations;
Amendment 926 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceedmust ensure fair compensation on investments made and cover the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and pseudonymization of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 940 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The data holder shall make available the data used for the production of European Statistics included in the European Statistical Programme in order to meet the timely information needs of European citizens. 3. Individuals or organisations receiving the data pursuant to paragraph 1 and 2 shall act on a not-for-profit basis or in the context of a public-interest mission recognised in Union or Member State law. They shall not include organisations upon which commercial undertakings have a decisive influence or which could result in preferential access to the results of the research.
Amendment 944 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. 4. Individuals or organisations receiving the data pursuant to paragraph 1 shall comply with the provisions of Article 17(3) and Article 19.
Amendment 956 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, unless the contracting parties explicitly agree on a different notice period on a contractual basis and provided that both parties are able to influence its content;
Amendment 1002 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Providers of data processing services shall take all reasonable technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State; when such transfer or access poses a concrete risk to the fundamental rights of individuals, the national security or defence interests of Member States, the protection of commercially sensitive data, including trade secrets, intellectual property rights and contractual undertakings regarding confidentiality, without prejudice to paragraph 2 or 3.
Amendment 1012 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. If the conditions in paragraph 2 or 3 are met, the provider of data processing services shall provide the minimum amount of data permissible in response to a request, based on a reasonablen interpretation thereof by the relevant competent body or authority.
Amendment 1040 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article. When drafting the European standards, such organizations should, whenever possible, take into account the standards, good practices, norms, technical specifications and relevant opensource norms which already exist.
Amendment 1142 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
The Commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. Such contractual terms shall be in line with Fair, Reasonable and Non- Discriminatory (FRAND) principles.
Amendment 1160 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
It shall apply from [124 months after the date of entry into force of this Regulation].