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88 Amendments of Adriana MALDONADO LÓPEZ related to 2022/0047(COD)

Amendment 366 #
Proposal for a regulation
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonablein business-to- business relations shall be reasonable. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it.
2022/11/16
Committee: IMCO
Amendment 373 #
Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production.
2022/11/16
Committee: IMCO
Amendment 381 #
Proposal for a regulation
Article 10 – paragraph 1
1. Data holders and data recipients shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes in relation to the determination of fair, reasonable and non-discriminatory terms for and the transparent manner of making data available in accordance with Articles 8, 9 and 913.
2022/11/16
Committee: IMCO
Amendment 385 #
Proposal for a regulation
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right to effectively obtain a copy or provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
2022/11/16
Committee: IMCO
Amendment 401 #
Proposal for a regulation
Article 14 – paragraph 1
1. Upon request, a data holder shall make data, including metadata, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need to use the data requested.
2022/11/16
Committee: IMCO
Amendment 404 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
2a. This chapter shall not preclude from voluntary cooperation among public sector body or to a Union institution, agency or body and businesses based on non exceptional needs for delivering public services, without prejudice of what stipulated in GDPR
2022/11/16
Committee: IMCO
Amendment 446 #
Proposal for a regulation
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 without undue delay, taking into account provision of time and necessary technical, organisational and legal measures.
2022/11/16
Committee: IMCO
Amendment 451 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
(ba) implement the necessary measures to prevent data from the data holder to be shared with public or semi-public entities which are market competitors with the data holder, leading to unfair competition situations.
2022/11/16
Committee: IMCO
Amendment 481 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) porting its data, and metadata created by the customer and by the use of the originating service, and/or the customer’s applications and other digital assets to another provider of data processing services;
2022/11/16
Committee: IMCO
Amendment 492 #
Proposal for a regulation
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use that are accessible to the data holder are free of charge and, are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user in a structured, commonly used and machine-readable format. Data shall be provided in the form in which they have been generated by the product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata necessary to interpret and use the data.
2022/11/14
Committee: ITRE
Amendment 503 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
1 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
2022/11/14
Committee: ITRE
Amendment 516 #
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
(a a) the categories of data transmitted to the data holder by the use of a product or a related service
2022/11/14
Committee: ITRE
Amendment 520 #
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide the customer and third parties authorised by the customer, at their request, access to the resources necessary to support the switching process.
2022/11/11
Committee: IMCO
Amendment 521 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) how the user may access those data delivered in a usable format and in a simple, clear and free manner for the user ;;
2022/11/14
Committee: ITRE
Amendment 528 #
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
(c b) (cb) The technical means to access the data, such as Software Development Kits or application programming interfaces , and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access
2022/11/14
Committee: ITRE
Amendment 529 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
(c a) the data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
2022/11/14
Committee: ITRE
Amendment 533 #
Proposal for a regulation
Article 24 – paragraph 1 – point b – point ii (new)
ii) all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
2022/11/11
Committee: IMCO
Amendment 558 #
Proposal for a regulation
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 data generated by itsthe use of a product or related service without undue delay easily, in a structured, commonly used and machine-readable format, free of charge and, where applicable, continuously and in real-time. accompanied with relevant metadata. Data shall be provided in the form in which they have been generated by the product including data generated by the use of a product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata and support tools necessary to interpret and use the data in order to achieve the intended purpose- This shall be done on the basis of a simple request through electronic means where This shall be done on the basis of a simple request through electronic means where technically feasible.
2022/11/14
Committee: ITRE
Amendment 573 #
Proposal for a regulation
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. Such measures shall be utilized in a limited manner and only when theshared data includes trade secrets as defined by the EU or national law. The data holder shall prove the existence of trade secrets when it invokes measures to preserve the confidentiality of the shared data.
2022/11/14
Committee: ITRE
Amendment 577 #
Proposal for a regulation
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that provide assistance and take all necessary measures in their power, including in cooperation with the data processing service provider of the destination service, to facilitate the customer, after switching to a service covering the same service type offered by a different provider of data processing services, enjoyswith the aim of achieving functional equivalence in the use of the new service.
2022/11/11
Committee: IMCO
Amendment 608 #
Proposal for a regulation
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user such as authorised data intermediation service in the meaning of the Regulation (EU) 2022/868, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder, free of charge to the user via a well-formed application programming interface and, where applicable, continuously and in real- time.
2022/11/14
Committee: ITRE
Amendment 626 #
Proposal for a regulation
Article 28 – paragraph 3
3. Operators ofwithin data spaces and data holders that meet the harmonised standards or parts thereof published by reference in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements referred to in paragraph 1 of this Article, to the extent those standards cover those requirements.
2022/11/11
Committee: IMCO
Amendment 640 #
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
(c a) include provisions for technical advances which allow for new functions and innovation in data processing services.
2022/11/11
Committee: IMCO
Amendment 650 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) make the exercise of the rights or choices of users unduly difficult including by offering choices to the end-users in a non-neutral manner, or coerce, deceive or manipulate the user in any way, by subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the user or a part thereof, including its structure, design, function or manner of operation;
2022/11/14
Committee: ITRE
Amendment 678 #
Proposal for a regulation
Article 7 – paragraph 1
1. The obligations of this Chapter related to business-to-business data sharing shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small enterprise.
2022/11/14
Committee: ITRE
Amendment 696 #
Proposal for a regulation
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonablein business-to- business relations shall be reasonable. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it.
2022/11/14
Committee: ITRE
Amendment 707 #
Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production.
2022/11/14
Committee: ITRE
Amendment 717 #
Proposal for a regulation
Article 10 – paragraph 1
1. Data holders and data recipients shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes in relation to the determination of fair, reasonable and non-discriminatory terms for and the transparent manner of making data available in accordance with Articles 8 and 9 and 13.
2022/11/14
Committee: ITRE
Amendment 724 #
Proposal for a regulation
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right to effectively obtain a copy or provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
2022/11/14
Committee: ITRE
Amendment 753 #
Proposal for a regulation
Article 13 – paragraph 8 a (new)
8 a. The Commission shall conduct a regular market investigation to review and, if necessary, revise the unfair contractual terms listed in paragraphs 3 and 4 of this Article.
2022/11/14
Committee: ITRE
Amendment 756 #
Proposal for a regulation
Chapter V – title
V MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES AND UNION INSTITUTIONS, AGENCIES OR BODIES BASED ON EXCEPTIONAL NEED
2022/11/14
Committee: ITRE
Amendment 758 #
Proposal for a regulation
Article 14 – title
Obligation to make data available based on exceptional need
2022/11/14
Committee: ITRE
Amendment 761 #
Proposal for a regulation
Article 14 – paragraph 1
1. Upon request, a data holder shall make data, including relevant metadata, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need or a legitimate public interest to use the data requested.
2022/11/14
Committee: ITRE
Amendment 764 #
Proposal for a regulation
Article 14 – paragraph 1
1. Upon request, a data holder shall make data, including metadata, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need to use the data requested.
2022/11/14
Committee: ITRE
Amendment 767 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
2 a. This chapter shall not preclude from voluntary cooperation among public sector body or to a Union institution, agency or body and businesses based on non-exceptional needs for delivering public services, without prejudice to the provisions of GDPR.
2022/11/14
Committee: ITRE
Amendment 769 #
Proposal for a regulation
Article 15 – title
Exceptional needConditions to use data
2022/11/14
Committee: ITRE
Amendment 776 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
(a) where the data requested is necessary to respond toprevent or respond to or recover from a public emergency;
2022/11/14
Committee: ITRE
Amendment 780 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope and necessary to prevent a public emergency or to assist the recovery from a public emergency;deleted
2022/11/14
Committee: ITRE
Amendment 789 #
Proposal for a regulation
Article 15 – paragraph 1 – point c – introductory part
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specificor exercising tasks in the public interest that hasve been explicitly provided by law; and
2022/11/14
Committee: ITRE
Amendment 791 #
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 1
(1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market raton reasonable prices or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or
2022/11/14
Committee: ITRE
Amendment 802 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
1 a. This Chapter shall be without prejudice to further specific sectoral rules pertaining to the types of data for which rules have been laid down in Union or national law.
2022/11/14
Committee: ITRE
Amendment 803 #
Proposal for a regulation
Article 16 – paragraph 2
2. The rights from this Chapter shall not be exercised to obtain information or take decisions concerning identifiable individuals. The rights from this Chapter shall not be exercised by public sector bodies and Union institutions, agencies and bodies in order to carry out activities for the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or for customs or taxation administration. This Chapter does not affect the applicable Union and national law on the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administration.
2022/11/14
Committee: ITRE
Amendment 845 #
Proposal for a regulation
Article 17 – paragraph 2 – point d
(d) in case of requests made pursuant to Article 15, point (a), concern, insofar as possible, non- personal data;
2022/11/14
Committee: ITRE
Amendment 849 #
Proposal for a regulation
Article 17 – paragraph 2 – point d a (new)
(d a) in case of requests made pursuant to Article 15, point (b), concern personal data only in case the dataprocessing has a specific basis in Union or Member State law;
2022/11/14
Committee: ITRE
Amendment 864 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2 a (new)
The third party shall not use the data it receives from a public sector body or a Union institution, agency or body as a result of the outsourcing of technical inspections or other functions pursuant to paragraph 4, to develop a product or a service that competes with the product or service from which the accessed data originate or share the data with another third party for that purpose
2022/11/14
Committee: ITRE
Amendment 872 #
Proposal for a regulation
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 without undue delay, taking into account provision of time and necessary technical, organisational and legal measures.
2022/11/14
Committee: ITRE
Amendment 887 #
Proposal for a regulation
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 data holder shall take reasonable efforts to anonymise or pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
2022/11/14
Committee: ITRE
Amendment 891 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
1. A public sector body or a Union institution, agency or body having received data pursuant to a request made under Article 14 or statistical or research organisation receiving data pursuant to a request made under Article 21(1) shall:
2022/11/14
Committee: ITRE
Amendment 899 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
(b a) implement the necessary measures to prevent data from the data holder to be shared with public or semi-public entities which are market competitors with the data holder, leading to unfair competition situations.
2022/11/14
Committee: ITRE
Amendment 913 #
Proposal for a regulation
Article 19 – paragraph 2
2. Disclosure of trade secrets or, alleged trade secrets or business sensitive internal information 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.
2022/11/14
Committee: ITRE
Amendment 934 #
Proposal for a regulation
Article 21 – paragraph 1
1. A public sector body or a Union institution, agency or body shall be entitled to share data received under this Chapter with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested, or to national statistical institutes, the members of the European System of Central Banks, and Eurostat for the compilation of official statistics.
2022/11/14
Committee: ITRE
Amendment 959 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) porting its data, and metadata created by the customer and by the use of the originating service, and/or the customer’s applications and other digital assets to another provider of data processing services;
2022/11/14
Committee: ITRE
Amendment 969 #
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complete the switching process, including reasonably assisting a third- party entity managing the switching process on behalf of the customer;
2022/11/14
Committee: ITRE
Amendment 971 #
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
(2) ensure full continuity or sufficient continuity in compliance with the contractual arrangements related to continuity in the provision of the respective functions or services.
2022/11/14
Committee: ITRE
Amendment 972 #
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide the customer and third parties authorised by the customer, at their request, access to the resources necessary to support the switching process.
2022/11/14
Committee: ITRE
Amendment 979 #
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
(c a) clear description of the different operations required for switching process and clear indication of the corresponding charges imposed on the customer;
2022/11/14
Committee: ITRE
Amendment 991 #
Proposal for a regulation
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure thatprovide assistance and take all necessary measures in their power, including in cooperation with the data processing service provider of the destination service, to facilitate the customer, after switching to a service covering the same service type offered by a different provider of data processing services, enjoyswith the aim of achieving functional equivalence in the use of the new service.
2022/11/14
Committee: ITRE
Amendment 1001 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
4 a. Providers of data processing services should not be required to make their services less secure to ensure functional equivalence nor providers of non-infrastructure services be required to meet specifications that do not support security features of their service, unless incases where such change introduces higher security and cybersecurity standards.
2022/11/14
Committee: ITRE
Amendment 1006 #
Proposal for a regulation
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 orand governmental access to such 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, without prejudice to paragraph 2 or 3.
2022/11/14
Committee: ITRE
Amendment 1009 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
The addressee of the decision may ask the opinion of the Commission, its bodies or relevant competent bodies or authorities, pursuant to this Regulation, in order to determine whether these conditions are met, notably when it considers that the decision may relate to commercially sensitive data, or may impinge on national security or defence interests of the Union or its Member States.
2022/11/14
Committee: ITRE
Amendment 1011 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 3
The European Data Innovation Board established under Regulation [xxx – DGA](EU) 2022/868 shall advise and assist the Commission in developing guidelines on the assessment of whether these conditions are met.
2022/11/14
Committee: ITRE
Amendment 1017 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Operators ofwithin data spaces shall comply with, the following essential requirements applicable to the services offered by the operator, to facilitate interoperability of data, data sharing mechanisms and services:
2022/11/14
Committee: ITRE
Amendment 1022 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) the dataset content, use restrictions, licences, data collection methodology, data quality and uncertainty shall be sufficiently described in a machine-readable format to allow the recipient to find, access and use the data;
2022/11/14
Committee: ITRE
Amendment 1027 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point d
(d) the means to enable the interoperability of smart contracts for data sharing within their services and activities shall be provided.
2022/11/14
Committee: ITRE
Amendment 1035 #
3. Operators ofwithin data spaces and data holders that meet the harmonised standards or parts thereof published by reference in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements referred to in paragraph 1 of this Article, to the extent those standards cover those requirements.
2022/11/14
Committee: ITRE
Amendment 1045 #
Proposal for a regulation
Article 28 – paragraph 6
6. The Commission, in consultation with the European Data Innovation Board in line with the Articles 29 and 30(f)and 30(h) of the Regulation (EU) 2022/868 may adopt guidelines laying down interoperability specifications for the functioning of common European data spaces, such as architectural models and technical standards implementing legal rules and arrangements between parties that foster data sharing, such as regarding rights to access and technical translation of consent or permission.
2022/11/14
Committee: ITRE
Amendment 1052 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
(b) enhance portability of data and of digital assets between different data processing services that cover the same service type;
2022/11/14
Committee: ITRE
Amendment 1055 #
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
(c a) include provisions for technical advances which allow for new functions and innovation in data processing services.
2022/11/14
Committee: ITRE
Amendment 1063 #
Proposal for a regulation
Article 29 – paragraph 5
5. For the purposes of Article 26(3) of this Regulation, the Commission in consultation with the European Data Innovation Board in line with the Articles 29 and 30(f) and 30(h) of Regulation (EU) 2022/868 shall be empowered to adopt delegated acts, in accordance with Article 38, to publish the reference of open interoperability specifications and European standards for the interoperability of data processing services in central Union standards repository for the interoperability of data processing services, where these satisfy the criteria specified in paragraph 1 and 2 of this Article.
2022/11/14
Committee: ITRE
Amendment 1067 #
Proposal for a regulation
Article 30 – title
30 Essential requirements regarding smart contracts for data sharing
2022/11/14
Committee: ITRE
Amendment 1069 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
(a) robustness and access control: ensure that the smart contract has been designed to offer rigorous access control mechanisms and a very high degree of robustness to avoid functional errors and to withstand manipulation by third parties;
2022/11/14
Committee: ITRE
Amendment 1072 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
(c) data archiving and continuity: foresee, if a smart contract must be terminated or deactivated, a possibility to archive transactional data, the smart contract logic and code to keep the record of the operations performed on the data in the past (auditability); andeleted
2022/11/14
Committee: ITRE
Amendment 1075 #
Proposal for a regulation
Article 30 – paragraph 1 – point d
(d) access control: a smart contract shall be protected through rigorous access control mechanisms at the governance and smart contract layers.deleted
2022/11/14
Committee: ITRE
Amendment 1082 #
Proposal for a regulation
Article 30 – paragraph 2
2. The vendor of a smart contract or, in the absence thereof, the person whose trade, business or profession involves the deployment of smart contracts for others in the context of an agreement to make data available shall perform a conformity assessment with a view to fulfilling the essential requirements under paragraph 1 and, on the fulfilment of the requirements, issue an EU declaration of conformity.deleted
2022/11/14
Committee: ITRE
Amendment 1085 #
Proposal for a regulation
Article 30 – paragraph 4
4. A smart contract that meets the harmonised standards or the relevant parts thereof drawn up and published in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements under paragraph 1 of this Article to the extent those standards cover those requirements.deleted
2022/11/14
Committee: ITRE
Amendment 1087 #
Proposal for a regulation
Article 30 – paragraph 5
5. 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 the requirements under paragraph 1 of this Article.deleted
2022/11/14
Committee: ITRE
Amendment 1089 #
Proposal for a regulation
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).deleted
2022/11/14
Committee: ITRE
Amendment 1107 #
Proposal for a regulation
Article 31 – paragraph 3 – point b
(b) handling complaints arising from alleged violations of this Regulation, and investigating, to the extent appropriate, the subject matter of the complaint and regularly and meaningfully informing the complainant of the progress and the outcome of the investigation swiftly within a reasonable period, in particular if further investigation or coordination with another competent authority is necessary;
2022/11/14
Committee: ITRE
Amendment 1110 #
Proposal for a regulation
Article 31 – paragraph 3 – point d
(d) imposing, through administrative or juridical procedures, dissuasive financial penalties which may include periodic penalties and penalties with retroactive effect, or initiating legal proceedings for the imposition of fines;
2022/11/14
Committee: ITRE
Amendment 1111 #
Proposal for a regulation
Article 31 – paragraph 3 – point e
(e) monitoring technological developments of relevance for the making available and use of data with a view of better enforcing this Regulation; ;
2022/11/14
Committee: ITRE
Amendment 1114 #
Proposal for a regulation
Article 31 – paragraph 3 – point f
(f) cooperating with competent authorities of other Member States to ensure the consistent swift and effective application of this Regulation, including the exchange of all relevant information by electronic means, in a timely manner without undue delay;
2022/11/14
Committee: ITRE
Amendment 1117 #
Proposal for a regulation
Article 31 – paragraph 3 – point h
(h) cooperating with all relevant competent authorities and the European Data the European Data Innovation Board to ensure that the obligations of Chapter VIthis Regulation are enforced consistently with other Union legislation and self-regulation applicable to providers of data processing service;ctor specific data governance rules and regulations
2022/11/14
Committee: ITRE
Amendment 1120 #
Proposal for a regulation
Article 31 – paragraph 4
4. Where a Member State designates more than one competent authority, the competent authorities shall, in the exercise of the tasks and powers assigned to them under paragraph 3 of this Article, cooperate with each other, including, as appropriate, with the supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679, to ensure the consistent application of this Regulation. In such cases, relevant Member States shall designate a coordinating, responsible competent authority.
2022/11/14
Committee: ITRE
Amendment 1126 #
Proposal for a regulation
Article 31 a (new)
Article 31 a Role of the European Data Innovation Board The European Data Innovation Board should foster the mutual exchange of information amongst competent authorities as well as advise and assist the Commission in matters of this Regulation falling under the competences of the Board in line with Article 30 of Regulation (EU) 2022/868
2022/11/14
Committee: ITRE
Amendment 1127 #
Proposal for a regulation
Article 32 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant , collectively, with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights or the obligations under this Regulation have been infringed.
2022/11/14
Committee: ITRE
Amendment 1143 #
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. These non-binding contractual terms shall be openly freely available in easily usable electronic format.
2022/11/14
Committee: ITRE
Amendment 1144 #
Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1153 #
Proposal for a regulation
Article 41 – paragraph 1 – point e a (new)
(e a) evaluation of the impacts of this Regulation to the development of business practices and monetisation practices of the European data economy and possible needs for reviewing the Regulation.
2022/11/14
Committee: ITRE