13 Amendments of Pietro FIOCCHI related to 2020/0340(COD)
Amendment 193 #
Proposal for a regulation
Recital 22
Recital 22
(22) PData intermediaries (specific providers of data sharing services (data intermediaries) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharing servicdata intermediaries that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential data users on the other hand, andand which assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services that are meant to be used by a closed group of data holders and userdeveloped jointly by multiple legal persons for the purpose of sharing data in the context of a specific collaboration or joint undertaking, including the provision of products and services connected to the Internet-of-Things. Providers of cloud infrastructure services should be excluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providerintermediaries should be allowed to make adaptations to the data exchanged, to the extent that thisin order to improves the usability of the data by the data user, where the data user desires this, such as to convert it into specific formatsor improve platform interoperability. In addition, services that focus on the intermediation of content, in particular on copyright-protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providerintermediaries for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for- profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
Amendment 259 #
Proposal for a regulation
Recital 41
Recital 41
(41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of standards and specifications (such as the Core VocabularieBuilding Blocks44 and the CEF Building Blockore Vocabularies45), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sem antic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/con necting-europe-facility-cefIt should also assist the Commission in formulating policies and strategies designed to avoid any instances of data manipulation or creation of 'false data' that could cause serious damage to various sectors.
Amendment 389 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 412 #
Proposal for a regulation
Article 5 – paragraph 11
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 empowimplementing powers should be conferred to adopt delegated acts in accordance with Article 28 supplementing this Regulation byon the Commission as regards the laying down special conditions applicable for transfers to third-countries, based on the recommendations from the European Data Innovation Board. 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. The implementing powers should be exercised in accordance with Regulation (EU) [No182/2011 of the European Parliament and of the Council.
Amendment 489 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 494 #
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
(9) The competent authority shall notify the Commission of each new notificationenter each new notification in the Commission’s register. The Commission shall keep a commonly available register of providers of data sharing services.
Amendment 577 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(c a) be able to process the data within the secure processing environment operated by the entity;
Amendment 579 #
Proposal for a regulation
Article 16 – paragraph 1 – point c b (new)
Article 16 – paragraph 1 – point c b (new)
(c b) have effective oversight mechanism to ensure high standards of scientific ethics;
Amendment 580 #
Proposal for a regulation
Article 16 – paragraph 1 – point c c (new)
Article 16 – paragraph 1 – point c c (new)
(c c) have effective technical means to withdraw or modify context at any moment as well as means for data subjects to stay informed about th use of data they made available;
Amendment 668 #
Proposal for a regulation
Article 26
Article 26
Amendment 712 #
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(e a) to facilitate cooperation between Member States in relation to the rules on penalties laid down by the Member States pursuant to Article 31 and to issue recommendations as regards the harmonisation of those penalties across the Union.
Amendment 717 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.
Amendment 732 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The penalties system shall be based on the recommendations from the European Data Innovation Board. Member States shall notify the Commission of those rules and measures by [date of application of the Regulation] and shall notify the Commission without delay of any subsequent amendment affecting them.