Activities of Ibán GARCÍA DEL BLANCO related to 2022/0047(COD)
Plenary speeches (1)
Data Act (debate)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)
Amendments (18)
Amendment 126 #
Proposal for a regulation
Recital 11
Recital 11
(11) Union law setting physical design and data requirements for products to be placed on the Union market should not be affected by this Regulation.
Amendment 177 #
Proposal for a regulation
Recital 82
Recital 82
(82) In order to enforce their rights under this Regulation, natural and legal persons should be entitled to seek redress for the infringements of their rights under this Regulation by lodging complaints with competent authorities and before courts. Those authorities should be obliged to cooperate to ensure the complaint is appropriately handled and resolved swiftly and effectively. In order to make use of the consumer protection cooperation network mechanism and to enable representative actions, this Regulation amends the Annexes to the Regulation (EU) 2017/2394 of the European Parliament and of the Council68 and Directive (EU) 2020/1828 of the European Parliament and of the Council69 . _________________ 68 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1). 69 Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
Amendment 209 #
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 or a consumer that uses a product or receives a related services;
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) 'consumer' means any natural person who is acting for purposes which are outside their trade, business, craft or profession;
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data recipient’ means a legal or natural person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the user of a product or related service, to whom the data holder makes data available, including a third party to whom data is directly made available by the user, following an explicit request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation implementing Union law;
Amendment 249 #
Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(f a) Whether the data holder is the holder of trade secrets or other intellectual property rights contained in the data likely to be generated by the use of the product or related service, and, if not, the identity of the trade secret holder, such as its trading name and the geographical address at which it is established;
Amendment 301 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose of the request agreed between the user and the third party and all specific necessary measures agreed between the data holder, or between the trade secrets holder if it is not simultaneously the data holder, and the third party are taken in advance 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 thedata holder or the trade secret holder, shall identify the nature of the data which are protected as trade secrets and the technical and organisational measures for preserving their confidentiality shall be specified in the agreement between the data or trade secret holder and the third party, including, as appropriate through model contractual terms, technical standards and the application of codes of conduct.
Amendment 317 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 414 #
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, unless the data made available is provided by a small or micro enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/CE, in which case, that enterprise should be entitled to a compensation.
Amendment 416 #
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 exceed thecover the proven technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and 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. In the case that there is no agreement between the data holder and the public sector body or the Union institution on the compensation, the matter should be referred to the data coordinator as referred to in Article 31.
Amendment 422 #
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 and provide sufficient time for raising any reasonable objections to such further resharing of data provided under this Chapter.
Amendment 449 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
The addressee of the decision may ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulatsend it to the data coordinator as referred to in article 31 who will ask the opinion of the Commission, in order to determine whether these conditions are met, notably when it considers that the decision may relate to commercially sensitive data, including the protection of trade secrets and the protection of intellectual property rights, or may impinge on national security or defence interests of the Union or its Member States.
Amendment 454 #
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(d a) equivalence: a smart contract shall afford the same level of protection and legal certainty as any other contracts generated through different means;
Amendment 458 #
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) the national competent authority responsible for the application and enforcement of Chapter VI of this Regulation shall have experience in the field of, sufficient technical and human resources and expertise in the field of consumer protection, data and electronic communications services.
Amendment 460 #
Proposal for a regulation
Article 31 – paragraph 3 – point h
Article 31 – paragraph 3 – point h
(h) cooperating with all relevant competent authorities to ensure that the obligations of Chapter VI are enforce, data coordinators of other member States and the European Data Innovation Board to ensure that the obligations under this Regulation are enforced efficiently, swiftly and consistently with other Union legislation and self-regulation applicable to providers of data processing service;
Amendment 461 #
Proposal for a regulation
Article 31 – paragraph 3 – point i a (new)
Article 31 – paragraph 3 – point i a (new)
(i a) ordering data holders, third parties or data recipients to provide redress, including compensation for damages, to consumers in case of harm;
Amendment 463 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Member States shall communicate the name of the designated competent authoritiesdata coordinator and their respective tasks and powers and, where applicable, the name of the coordinating competent authority to the Commission. The Commission shall maintain ato the Commission and the European Data Innovation Board. The Commission shall regularly update and maintain an easily accessible public register of those authorities.
Amendment 466 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)