Activities of Emmanuel MAUREL related to 2022/0047(COD)
Plenary speeches (1)
Data Act (debate)
Shadow 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 (54)
Amendment 131 #
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rightsincluding data processed by the product's own computing capacity.
Amendment 155 #
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 182 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service, on the making data available by data holders to data recipients, and on the making data available by data holders to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need, for the performance of a task carried out in the public interest:
Amendment 185 #
Proposal for a regulation
Article premier – paragraph 2 – point d
Article premier – paragraph 2 – point d
(d) public sector bodies and Union institutions, agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request;
Amendment 187 #
Proposal for a regulation
Article premier – paragraph 3
Article premier – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. In the event of a conflict between this Regulation and EU legislation on the protection of personal data, the EU Regulation on the protection of personal data, privacy and confidentiality shall prevail. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679.
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'personal data' shall mean personal data as defined in Article 4(1) of Regulation (EU) 2016/679;
Amendment 208 #
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 a product or receives a services and the person referred to in Article 4(1) of Regulation (EU) 2016/679;
Amendment 213 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) 'consent' means the definition laid down in Article 4(11) of Regulation (EU) 2016/679 (GDPR);
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'trade secret' means the definition laid down in Article 2(1) of Directive (EU) 2016/943
Amendment 230 #
Proposal for a regulation
Article 3 – paragraph 1
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 are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user. Data holders shall ensure that it is not difficult for users to exercise their rights. Data holders shall make it possible for users to choose freely. They must, therefore, offer a number of options in an impartial manner, without coercion, deception or manipulation, by means of a digital interface or part thereof, including its structure, design, function or mode of operation.
Amendment 252 #
Proposal for a regulation
Article 3 – paragraph 2 – point h a (new)
Article 3 – paragraph 2 – point h a (new)
(ha) how the user may request that those data be deleted;
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 2 – point h b (new)
Article 3 – paragraph 2 – point h b (new)
(hb) how users can restrict the transfer of their data to third parties or geographical areas;
Amendment 262 #
Proposal for a regulation
Article 4 – paragraph 1
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 its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 268 #
Proposal for a regulation
Article 4 – paragraph 3
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 canmust agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. Pursuant to Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1must not be able to obtain data that make it possible to develop a product that competes with the product from which the data originate.
Amendment 295 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active, unless the third party has expressly consented to such use and has the technical possibility to withdraw that consent easily, at any time.
Amendment 303 #
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, with the explicit agre taken by the third party to preserve the confidentiality of the trade secretement of the user. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and, the third party and the user.
Amendment 320 #
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 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.
Amendment 329 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point d
Article 10 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of issuing its decisions in a swift, efficient and cost-effective manner and in at least one official language of the Unionthe official languages of the Union used as an official language of the Member State where it operates.
Amendment 330 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The decision of the dispute settlement body shall onlynot be binding on the parties if the parties have explicitly consented to its binding nature prior to the start of the dispute settlement proceedings.
Amendment 340 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Unfair contractual terms unilaterally imposed on a micro, small or medium- sizedn enterprise
Amendment 343 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by another enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC shall not be binding on the latter enterprise if it is unfair.
Amendment 355 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES AND UNION INSTITUTIONS, AGENCIES OR BODIES BASED ON EXCEPTIONAL NEEDPUBLIC INTEREST
Amendment 357 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Obligation to make data available based on exceptional needpublic interest
Amendment 358 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon request, a data holder shall make data available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need topublic interest for the use of the data requested.
Amendment 360 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 363 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Amendment 366 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
Amendment 368 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is necessary to prevent or respond to a public threat or emergency;
Amendment 370 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
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;
Amendment 374 #
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 1
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, free means, including by purchasing the data on the market at market rates 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
Amendment 376 #
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
Amendment 380 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) demonstrate the exceptional needpublic interest objective for which the data are requested;
Amendment 383 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) be expressed in clearly, concise and plain language understandablely, plainly and in the official language of the EU to the data holder;
Amendment 384 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) be proportionate to the exceptional needpublic interest objective, in terms of the granularity and volume of the data requested and frequency of access of the data requested;
Amendment 388 #
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
Amendment 398 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 5 working day48 hours following the receipt of a request for the data necessary to respond to a public emergency or threat and within 15 working days in other cases of exceptional need, on either of the following grounds:
Amendment 400 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. In case of a request for data necessary to respond to a public emergency, tThe data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c), unless the data requested is needed to prevent a public threat or emergency.
Amendment 402 #
Proposal for a regulation
Article 18 – paragraph 5
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 pseudanonymise the data, insofar as the request can be fulfilled with pseudanonymised data.
Amendment 413 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Compensation in cases of exceptional need
Amendment 418 #
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 the 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.
Amendment 420 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Contribution of research organisations or statistical bodies in the context of exceptional needspublic interest
Amendment 429 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, applications and other digital assets to another provider of data processing services for free;
Amendment 435 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs + 1 year] onwards, providers of data processing services shall not impose any charges on the customer for the switching process.
Amendment 437 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yrs + 1 year], providers of data processing services may impose reducedminimum charges on the customer for the switching process.
Amendment 438 #
Proposal for a regulation
Article 27 – paragraph 1
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 transfertransfer outside the EU or governmental access to 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.
Amendment 441 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Any decision or judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a provider of data processing services to transfer from or give access to non-personal data within the scope of this Regulation held 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 athe Member State of the user.
Amendment 442 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
In the absence of such an international agreement, where a provider of data processing services is the addressee of a decision of a court or a tribunal or a decision of an administrative authority of a third country to transfer from or give access to non-personal data within the scope of this Regulation held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the national law of the relevant Member State, transfer to or access to such data by that third-country authority shall not take place only:. The data processing service provider shall inform the court or administrative authority of a requesting third country that they can bring their request before the competent EU or Member State courts.
Amendment 444 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point a
Article 27 – paragraph 3 – subparagraph 1 – point a
Amendment 445 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point b
Article 27 – paragraph 3 – subparagraph 1 – point b
Amendment 446 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
Amendment 447 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
Amendment 450 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 3
Article 27 – paragraph 3 – subparagraph 3
Amendment 451 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. If the conditions in paragraph 2 or 3 are met, the provider of data processing services shall provide the minimum amount of data permissible in response to a request, based on a reasonable interpretation thereof.