15 Amendments of Rob ROOKEN related to 2022/0047(COD)
Amendment 117 #
Proposal for a regulation
Recital 7
Recital 7
(7) The fundamental right to the protection of personal data is safeguarded in particular under Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Directive 2002/58/EC additionally protects private life and the confidentiality of communications, including providing conditions to any personal and non- personal data storing in and access from terminal equipment. These instruments provide the basis for sustainable and responsible data processing, including where datasets include a mix of personal and non-personal data. This Regulation complements and is without prejudice to Union law on data protection and privacy, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. No provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications. When a conflict between this Regulation and Union law on the protection of personal data and privacy or national laws adopted in accordance with relevant Union law arises , the relevant Union or national laws on the protection of personal data and privacy should prevail.
Amendment 134 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) In order to foster innovation and the development of new products and services, it should be specified that products and services that are not ready to be placed on the market because they are still under development, including prototypes, should not fall under the scope of this Regulation.
Amendment 268 #
Proposal for a regulation
Recital 50
Recital 50
(50) Parties to dispute settlement proceedings should not be prevented from exercising their fundamental rights to an effective remedy and to a fair trial. Therefore, the decision to submit a dispute to a dispute settlement body should not deprive those parties of their right to seek redress before a court or a tribunal of a Member State. However, a dispute should not be part of a dispute settlement procedure at the same time as a procedure before a court of a Member State.
Amendment 290 #
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) Although a public emergency may mean that the public interest arising from the use of the data will outweigh the interest of the data holders to freely dispose of their data, it should be emphasized that this is in principle an undesirable situation. That arises from the fact that a public emergency is an acute event, requiring urgent action. A general provision is in that context desirable. At the same time, public emergencies can last for years, including the COVID 19 Pandemic. It is undesirable that an in itself undesirable situation lasts for years, as there is friction between mandatory sharing of data and fundamental rights, among which the right to property. Provisions aimed at enabling governments to oblige companies to share data should therefore be limited in time. During that period the Member States should be able to adopt specific legislation that allows the obligation to share data, so that democratic safeguards remain functioning.
Amendment 307 #
Proposal for a regulation
Recital 62
Recital 62
(62) The objective of the obligation to provide the data is to ensure that public sector bodies and Union institutions, agencies or bodies have the necessary knowledge to respond to, prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. The data obtained by those entities may be commercially sensitive. Therefore, Directive (EU) 2019/1024 of the European Parliament and of the Council65 should not apply to data made available under this Regulation and should not be considered as open data available for reuse by third parties. This however should not affect the applicability of Directive (EU) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this Regulation was used, provided the reuse does not include the underlying data. In addition, it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics, provided the conditions laid down in this Regulation are met. Public sector bodies should also be allowed to exchange data obtained pursuant to this Regulation with other public sector bodies to address the exceptional needs for which the data has been requested. The business whose data is to be shared, provided it acts in a good faith, should also have the possibility to raise objection concerning planned data transfer in order to protect its security, integrity or confidentiality. _________________ 65 Directive (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).
Amendment 353 #
Proposal for a regulation
Recital 89
Recital 89
(89) In order to allow the economic actors to adapt to the new rules laid out in this Regulation and make the necessary technical arangements, they should apply from athree years after entry into force of the Regulation.
Amendment 376 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation does not apply to products and services in development stage including the prototypes.
Amendment 642 #
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 agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken 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 the measures for preserving the confidentiality shall be specified he right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the agreement between the data holder and the third partyrights protected under Directive 2016/943.
Amendment 679 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The obligations of this Chapter shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small or medium-sized 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 or medium- sized enterprise.
Amendment 694 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by or national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 796 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The points (a) and (c) of the first paragraph shall only apply until 3 months after the declaration of a public emergency by a Member State.
Amendment 797 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
After the exceptional circumstance has ceased to exist, all data obtained by a public sector body or a Union institution, agency or body shall be deleted by such a body. The body concerned shall inform the data holder of the deletion.
Amendment 798 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Single point to handle public sector bodies' request The competent authority, designated in accordance with Article 35, shall be responsible to coordinate the public sector bodies' requests and transmit them to the enterprise. It shall in particular prevent duplicate requests from public sector bodies and Union institutions, agencies and bodies.
Amendment 1152 #
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8)
Amendment 1158 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
It shall apply from [1236 months after the date of entry into force of this Regulation].