Activities of Virginie JORON related to 2020/0340(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on European data governance (Data Governance Act)
Amendments (33)
Amendment 162 #
Proposal for a regulation
Recital 3
Recital 3
(3) It is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. Sector- specific legislation can develop, adapt and propose new and complementary elements, depending on the specificities of the sector, such as the envisaged legislation on the European health data space25 and on access to vehicle data. Moreover, certain sectors of the economy are already regulated by sector-specific Union law that include rules relating to cross-border or Union wide sharing or access to data26 . This Regulation is therefore without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council27, and in particular the implementation of this Regulation shall not prevent cross border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place, Directive (EU) 2016/680 of the European Parliament and of the Council28, Directive (EU) 2016/943 of the European Parliament and of the Council29, Regulation (EU) 2018/1807 of the European Parliament and of the Council30, Regulation (EC) No 223/2009 of the European Parliament and of the Council31, Directive 2000/31/EC of the European Parliament and of the Council32, Directive 2001/29/EC of the European Parliament and of the Council33, Directive (EU) 2019/790 of the European Parliament and of the Council34, Directive 2004/48/EC of the European Parliament and of the Council35, Directive (EU) 2019/1024 of the European Parliament and of the Council36, as well as Regulation 2018/858/EU of the European Parliament and of the Council37, Directive 2010/40/EU of the European Parliament and of the Council38 and Delegated Regulations adopted on its basis, and any other sector-specific Union legislation that organises the access to and re-use of data. This Regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. A horizontal regime for the re-use of certain categories of protected data held by public sector bodies, the provision of data sharing services and of services based on data altruism in the Union should be established. Specific characteristics of different sectors may require the design of sectoral data-based systems, while building on the requirements of this Regulation. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector-specific Union legal act should also apply. __________________ 25 See: Annexes to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Commission Work Programme 2021 (COM(2020) 690 final). 26For example, Directive 2011/24/EU in the context of the European Health Data Space, and relevant transport legislation such as Directive 2010/40/EU, Regulation 2019/1239 and Regulation (EU) 2020/1056, in the context of the European Mobility Data Space. 27Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5.2016, p.1) 28 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p.89) 29Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. (OJ L 157, 15.6.2016, p.1) 30 Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union. (OJ L 303, 28.11.2018, p. 59) 31Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities. (OJ L 87, 31.03.2009, p. 164) 32Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (OJ L 178, 17.07.2000, p. 1) 33Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. (OJ L 167, 22.6.2001, p. 10) 34 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. (OJ L 130, 17.5.2019, p. 92) 35Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. (OJ L 157, 30.4.2004). 36Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. (OJ L 172, 26.6.2019, p. 56). 37 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018). 38 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport. (OJ L 207, 6.8.2010, p. 1)
Amendment 170 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) It highlights the importance of processing the personal data of EU citizens in the European Union if at all possible.
Amendment 171 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) The development of a European industrial and technological base calls for the introduction of a European preference for local or European production in public procurement of digital data in the European Union.
Amendment 172 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Some personal data, such as health or children’s data, are by their very nature unique. The anonymisation of such data should be guaranteed and storage or analysis thereof outside the European Union should not be authorised.
Amendment 184 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Protected data of EU citizens or companies held by a public-sector body of a Member State may not be shared for transmission to third countries or processed outside the European Union by another Member State.
Amendment 185 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) A public-sector body in a Member State may not be required to share protected data of EU citizens or companies that it holds.
Amendment 188 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Companies which are located in third countries and which have experienced significant security breaches involving protected or personal data of European origin for which they were responsible in the 10 years prior to their request will be deemed not to offer appropriate safeguards to obtain data of European origin.
Amendment 189 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) A third country which has not penalised a significant security lapse on the part of a firm processing personal or protected data of European origin will be deemed not to offer appropriate safeguards.
Amendment 190 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Third countries engaging in economic espionage against EU companies cannot be deemed to offer appropriate safeguards regarding the processing by their companies of protected data of European origin.
Amendment 191 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) To ensure the proper enforcement of such obligations, the re-user located in a third country or another Member State should also authorise any inspection deemed necessary by the public-sector body which authorised re-use.
Amendment 192 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) A Member State should be able to require cloud providers and digital undertakings operating in the European Union, whether located in the European Union or in a third country, to grant access to any relevant personal data linked to terrorism, even if they are stored in a third country.
Amendment 193 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 232 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
(1a) In order to foster the development of local and European data market players in a sector monopolised by global giants, a public-sector body may require a company that has exceeded the thresholds laid down in the forthcoming legislation on digital services and digital markets to outsource at least 51% of the jobs concerned to a local company as a condition of access to its public data.
Amendment 234 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
(3) Such exclusive right shall be granted in the context of a relevant service or concession contract in compliance with applicable Union and national public procurement and concession award rules, or, in the case of a contract of a value for which neither Union nor national public procurement and concession award rules are applicable, in compliance with the principles of transparency, equal treatment and non-discrimination on grounds of nationality. vis-à-vis any European Union company. A company which does not process public data in the European Union and takes advantage of tax havens may not request access to the public data of a Member State.
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
(4) In all cases not covered by paragraph 3 and where the general interest purpose cannot be fulfilled without granting an exclusive right, the principles of transparency, equal treatment and non- discrimination on grounds of nationality shall apply vis-à-vis any European Union company. A company which does not process public data in the European Union and takes advantage of tax havens may not request access to the public data of a Member State.
Amendment 236 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
(4a) A company which does not process public data in the European Union and takes advantage of tax havens may not require a Member State or a European Union body to grant it access to public data.
Amendment 237 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
(4b) The contracting authority may, in particular, invite the domestic operators who submit the highest bids to fall into line with the price offered by the foreign tenderer (and, if the first domestic operator refuses, it may turn to the second and then the third domestic operator in the ranking of tenderers), thereby creating an incentive for the operator wishing to win the contract to adjust its price.
Amendment 270 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(4a) Public-sector bodies may set thresholds in the calculation in order to foster re-use of data and innovation while securing a greater contribution from global digital actors.
Amendment 271 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) Fees shall be derived from the costs related to the production of the data, to the processing of requests for re- use of the categories of data referred to in Article 3 (1) and a percentage of the profits generated through the commercial re-use of the data. The methodology for calculating fees shall be published in advance.
Amendment 272 #
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
(5a) The Member State may use the cost of producing the data to establish a fair fee to offset the initial or recurrent public investment. The European Union shall use the fees to cover the sums it has invested to produce these data.
Amendment 273 #
Proposal for a regulation
Article 6 – paragraph 5 b (new)
Article 6 – paragraph 5 b (new)
(5b) In making the calculation, the Member State may take account of the way the data are used and the company’s tax contribution in order to reduce the fee.
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 6 – point h a (new)
Article 10 – paragraph 6 – point h a (new)
(ha) the place of data processing and the number of jobs to be created in the European Union;
Amendment 297 #
Proposal for a regulation
Article 10 – paragraph 6 – point h b (new)
Article 10 – paragraph 6 – point h b (new)
(hb) the turnover and taxes paid in the Member State in the previous year, except in the case of an SME.
Amendment 318 #
Proposal for a regulation
Article 13 – paragraph 4 – point a a (new)
Article 13 – paragraph 4 – point a a (new)
(aa) impose a state compensation obligation on the entity re-using the data in the event of a breach of data anonymity.
Amendment 319 #
Proposal for a regulation
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) exclude the provider from access to new public data in that Member State for a specified period of time.
Amendment 320 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 380 #
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) report annually the percentage of data shared in accordance with this Regulation which are processed inside and outside the European Union; report on job creation in the data-processing sector by Member State.
Amendment 385 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
(2) AnyNo judgment of a court or tribunal and anyno decision of an administrative authority of a third country requiring a public sector body, a natural or legal person to which the right to re-use data was granted under Chapter 2, a data sharing provider or entity entered in the register of recognised data altruism organisations to transfer from or give access to non- personal data subject to this Regulation in the Union may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or any such agreement between the requesting third country and a Member State concluded before [the entry into force of this Regulation].
Amendment 386 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
(2a) Deplores the fact that the Commission does not provide for any specific protection of Europeans with critical economic responsibilities against third-country laws such as the US Cloud Act; that legislation enables third-country law enforcement authorities to access data in the context of criminal investigations which may be prompted by economic competition considerations; as in the Alstom case, the strategic impact of such cases may be significant for European companies;
Amendment 387 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 388 #
Proposal for a regulation
Article 30 – paragraph 3 – point a
Article 30 – paragraph 3 – point a
(a) where the third-country system requires the reasons and proportionality of the decision to be set out, and it requires the court order or the decision, as the case may be, to be specific in character, for instance by establishing a sufficient link to certain suspected persons, or and their criminal infringements;
Amendment 389 #
Proposal for a regulation
Article 30 – paragraph 3 – point b
Article 30 – paragraph 3 – point b
(b) the reasoned objection of the addressee is subject to a review by a competent court in the third-countrya Member State; and
Amendment 390 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
By [four years after the data of application of this Regulation], the Commission shall carry out an evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. Member States shall provide the Commission with the information necessary for the preparation of that report. Reciprocity of access to data located in third countries vis-à-vis Member States shall be assessed. Third countries which do not offer effective reciprocity shall be excluded from all access to data hosted in the European Union.