2020/0340(COD) | [ParlTrack]

Role	Committee	Rapporteur	Shadows
Lead	ITRE	NIEBLER Angelika ( EPP)	KUMPULA-NATRI Miapetra ( S&D), DANTI Nicola ( Renew), BOESELAGER Damian ( Verts/ALE), LIZZI Elena ( ID), MELBĀRDE Dace ( ECR), MATIAS Marisa ( GUE/NGL)
Committee Opinion	IMCO	GOZI Sandro ( Renew)	Maria GRAPINI ( S&D), Andrey KOVATCHEV ( PPE), Kosma ZŁOTOWSKI ( ECR), Anne-Sophie PELLETIER ( GUE/NGL), Virginie JORON ( ID), David CORMAND ( Verts/ALE)
Committee Opinion	LIBE	LAGODINSKY Sergey ( Verts/ALE)	Jadwiga WIŚNIEWSKA ( ECR), Konstantinos ARVANITIS ( GUE/NGL), Andrzej HALICKI ( PPE), Marina KALJURAND ( S&D), Dragoş TUDORACHE ( RE), Tom VANDENDRIESSCHE ( ID)
Committee Opinion	JURI	MELCHIOR Karen ( Renew)	Pascal ARIMONT ( PPE), Emmanuel MAUREL ( GUE/NGL), Sergey LAGODINSKY ( Verts/ALE), Raffaele STANCANELLI ( ECR), Ibán GARCÍA DEL BLANCO ( S&D)

Amendments	Dossier
631	2020/0340(COD) 2021/04/28 ITRE 631 amendments... Amendment 109 # François-Xavier BELLAMY Proposal for a regulation Recital 1 (1) The Treaty on the functioning of the European Union (‘TFEU’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. The establishment of common rules and practices in the Member States relating to the development of a framework for data governance should contribute to the achievement of those objectives. It should also guarantee security, geopolitical resilience, and strategic autonomy of the Union. Amendment 110 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 1 (1) The Treaty on the functioning of the European Union (‘TFEU’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. The establishment of common rules and practices in the Member States relating to the development of a framework for data governance embedded fundamental rights-based European values should contribute to the achievement of those objectives. Amendment 111 # Marisa MATIAS Proposal for a regulation Recital 1 a (new) (1 a) Both Article 6(2) of the Treaty on European Union and Article 51 of the EU Charter of Fundamental Rights require the Union to respect fundamental rights, observe the principles and promote the application thereof. Amendment 112 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 2 (2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life, and the COVID19 crisis is likely to result in permanent changes to life in Europe, in which digitalisation will have a major role. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits both for citizens and the economy, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. COVID 19 is also widening the digital gap, especially the gender gap as women's digital literacy is lagging behind while the majority of services are digitalised. It is necessary to promote gender balance in the digital sector, bearing in mind the way people and companies use ICT and other digital technologies to work and interact in the new digital society. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final. Amendment 113 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 2 (2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . The data economy has to be built in a way to enable companies, especially micro, small and medium sized enterprises (SMEs) to thrive, ensuring data access neutrality, portability and interoperability. In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law, which can be pivotal for the rapid development of Artificial Intelligence technologies. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final. Amendment 114 # Damian BOESELAGER Proposal for a regulation Recital 2 (2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for fundamental rights, public security, public order and other legitimate public policy objectives of the European Union, ~~in line with~~and promote the European aquis at international ~~obligations~~level. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final. Amendment 115 # Dace MELBĀRDE Proposal for a regulation Recital 2 (2) ~~Over the last few years, d~~Digital technologies have the potential to transformed the economy and society, affecting all sectors of activity and daily life. DProductive use of data is at the centre of this transformation: data-driven innovation will bring enormous benefits for both economies and citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final. Amendment 116 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 2 a (new) (2 a) The Union’s growth potential depends on the skills of its population and workforce. Bearing in mind that 42% of EU citizens lack basic digital skills, a key element to increase trust from citizens in intensifying data sharing will be to actively promote digital literacy, to reinforce education and training in that area and to ensure lifelong data literacy. This is necessary for a critical analysis to decide how to use and share data, for combating disinformation and building an active digital citizenship as well as to be protected from cybersecurity threats. Amendment 117 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Recital 2 a (new) (2 a) The outbreak of COVID 19 pandemic has clearly exacerbated existing inequalities in respect of digital access and literacy, in particular in terms of gender, age and social backgrounds. Accordingly, data literacy should be part of the strategic actions to reduce social inequalities and to promote a socially balanced digital environment. Amendment 118 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 2 b (new) (2 b) The Union has to devote attention to the needs of building of data spaces and data economy, while particular attention should be given to software engineering and attracting talent to ICT sector in order to build European know- how focusing on next-generation and cutting-edge technologies. Amendment 119 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 2 c (new) (2 c) Action at Union level is necessary to address the fact that women are under- represented at all levels in the digital sector in Europe; from students (32% at Bachelor, Master or equivalent level) up to top academic positions (15%) and that the gender gap is largest in ICT specialist skills and employment, where only 18% are women1a. _________________ 1a https://ec.europa.eu/digital-single- market/en/news/digital-economy- scoreboard-shows-women-europe-are- less-likely-work-or-be-skilled-ictgender gap in digital Amendment 120 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 2 d (new) (2 d) Another crucial element to increase trust, part of the broad learning aspect, is establishing a public dialogue to raise awareness of the importance of data, facilitating correct data, protecting data rights holders and providing tools for critical assessment to benefit from data, while protecting the rights of data holders. Amendment 121 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 2 e (new) (2 e) Digital Europe Programme, among other EU and national programmes, should support the cooperation towards achieving a European ecosystem for trusted data sharing (via common European data spaces) and digital infrastructures, as well as to support the interoperability and standardisation. Fostering the common data spaces must be done in respect with consumer and data protection legislation. It is also important to strengthen the European Digital Innovation Hubs and their network to help companies, especially SMEs, to achieve an advantage of European data economy. Amendment 122 # Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO, Massimiliano SALINI Proposal for a regulation 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 and by improving trust among industrial stakeholders, namely digital service providers and business users. It is important to ensure data access neutrality and greater interoperability between different data intermediary, avoiding lock- in effects. 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 Council (27 ), 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 Council (28 ), Directive (EU) 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Directive 2004/48/EC of the European Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the European Parliament and of the Council (37 ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) 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) 28Directive (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 123 # Miapetra KUMPULA-NATRI Proposal for a regulation 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 and laying down requirements for data governance. The regulation should aim to build a borderless digital single market and human-centric, trustworthy and secure data society and economy. 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 Council (27 ), 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 Council (28 ), Directive (EU) 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Directive 2004/48/EC of the European Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the European Parliament and of the Council (37 ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) 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 servic~~intermediaries 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 124 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 3 (3) It is necessary to improve the conditions for data sharing in the European internal market, by creating a harmonised framework for data exchanges and by giving specific attention to data intermediaries and data holder in order to create a fruitful cooperation among them. 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 Council (27 ), 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 Council (28 ), Directive (EU) 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Directive 2004/48/EC of the European Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the European Parliament and of the Council (37 ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) 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 servic~~data intermediaries 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 125 # Marisa MATIAS Proposal for a regulation 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 and developing relocation of data in the Union. 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 Council (27 ), 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 Council (28 ), Directive (EU) 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Directive 2004/48/EC of the European Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the European Parliament and of the Council (37 ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) 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 126 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 4 (4) Action at Union level is necessary to increase trust in data sharing by establishing proper mechanisms for control over data and in order to address other barriers to a well- functioning data- driven economy and to create a Union- wide governance framework for data access, control and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. This action is without prejudice to the international trade agreements concluded by the Union. Amendment 127 # Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO, Massimiliano SALINI Proposal for a regulation Recital 4 (4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. It is necessary to establish favourable conditions for the constitutions of new independent companies (data providers) able to make data assets accessible to everyone in a neutral way. Amendment 128 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI Proposal for a regulation Recital 4 (4) Action at Union level is necessary in order to help address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. This action is without prejudice to obligations and commitments in trade agreements concluded by the EU. Amendment 129 # Dace MELBĀRDE Proposal for a regulation Recital 4 (4) Action at Union level is necessary in order to help address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. This is without prejudice to obligations and commitments in trade agreements concluded by the EU. Amendment 130 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 4 (4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy ~~and to create a~~. A Union-wide governance framework ~~for data access~~should have the objective of building trust among individuals and companies for data access, control, sharing, use and re-use, in particular regarding ~~the re-use of~~ certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. Amendment 131 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 4 (4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of ~~certain~~specific types of data held by the public sector, the rules governing the provision of services by data ~~sharing provider~~intermediaries to business users and to data subjects, as well as the collection ~~and~~, processing and regulation of data made available for altruistic purposes by natural and legal persons. Amendment 132 # Damian BOESELAGER Proposal for a regulation Recital 4 (4) Action at Union level is necessary in order to address the barriers to a well- functioning and competitive data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. Amendment 133 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 5 (5) The idea that data that has been generated at the expense of public budgets should benefit society has been part of Union policy for a long time. Directive (EU) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. However, certain categories of data (commercially confidential data, data subject to statistical confidentiality, data protected by intellectual property rights of third parties, including trade secrets and personal data not accessible on the basis of specific national or Union legislation, such as Regulation (EU) 2016/679 and Directive (EU) 2016/680) in public databases is often not made available, not even for research or innovative activities. Due to the sensitivity of this data, certain technical and legal procedural requirements must be met before they are made available, in order to ensure the respect of rights others have over such data. Such requirements are usually time- and knowledge-intensive to fulfil. This has led to the underutilisation of such data. While some Member States are setting up structures, processes and sometimes legislate to facilitate this type of re-use, this is not the case across the Union. Both public and private (such as research centres, universities) would benefit from clear conditions of access to the data. This would allow them to build partnerships with public bodies more efficiently and to advance in research without an undue burden of identifying the data and negotiating the conditions for access to such data. Especially, in order to facilitate the use of scientific data to promote European research and innovation, further clarification is needed on the use allowed for this data which should enable use for scientific and research purposes including by private and public entities. Amendment 134 # Damian BOESELAGER Proposal for a regulation Recital 5 (5) The idea that data that has been generated at the expense of public budgets should benefit society has been part of Union policy for a long time. Directive (EU) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. However, certain categories of data (commercially confidential data, data subject to statistical confidentiality, data protected by intellectual property rights of third parties, including trade secrets and personal data not accessible on the basis of specific national or Union legislation, such as Regulation (EU) 2016/679 and Directive (EU) 2016/680) in public databases is often not made available, not even for research ~~or innovative activities~~. Due to the sensitivity of this data, certain technical and legal procedural requirements must be met before they are made available, in order to ensure the respect of rights others have over such data. Such requirements are usually time- and knowledge-intensive to fulfil. This has led to the underutilisation of such data. While some Member States are setting up structures, processes and sometimes legislate to facilitate this type of re-use, this is not the case across the Union, therefore this act complements the existing framework on open data by providing legal certainty for mechanisms which encourage the secure and legal use of more data. Amendment 135 # Marisa MATIAS Proposal for a regulation Recital 5 (5) The idea that data that has been generated at the expense of public budgets should benefit society has been part of Union policy for a long time. Directive (EU) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. However, certain categories of data (commercially confidential data, data subject to statistical confidentiality, data protected by intellectual property rights of third parties, including trade secrets and personal data not accessible on the basis of specific national or Union legislation, such as Regulation (EU) 2016/679 and Directive (EU) 2016/680) in public databases is often not made available~~, not even~~ for research or ~~innovative activiti~~activities on behalf of general public interest. Due to the sensitivity of this data, certain technical and legal procedural requirements must be met before they are made available, in order to ensure the respect of rights others have over such data. Such requirements are usually time- and knowledge-intensive to fulfil. This has led to the underutilisation of such data. While some Member States are setting up structures, processes and sometimes legislate to facilitate this type of re-use, this is not the case across the Union. Amendment 136 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 5 a (new) (5 a) Particular attention must be given to micro and small and medium enterprises whose access to data is limited. Structures adopted by Member States must focus on overcoming barriers to access as well as use of data. Amendment 137 # Ivo HRISTOV Proposal for a regulation Recital 6 (6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. While increased safeguards and requirements apply to the use of personal data, the same level of protection should be given to personal data which has been anonymised or pseudonymised as it will always be vulnerable to re-identification. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16). Amendment 138 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 6 (6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches ~~should ensure the safe re-use of~~and in line with the rules on personal data processing should ensure the safe re-use of certain categories of protected data, for example personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 and 9 of Regulation (EU) 2016/679. This Regulation should not be read as creating a new legal basis for the processing of personal data. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16). Amendment 139 # Angelika NIEBLER, Eva MAYDELL, Tom BERENDSEN, Dan-Ştefan MOTREANU, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 6 (6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, oruse of synthetic data, suppression ~~and~~, randomisation or other state-of-the-art privacy preserving methods. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16). Amendment 140 # Marisa MATIAS Proposal for a regulation Recital 6 (6) There are techniques yet to be fully trustable, enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place within the internal market and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16). Amendment 141 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 6 (6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal anonymous data and commercially confidential business data ~~for~~only for specific cases such as research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16). Amendment 142 # Damian BOESELAGER Proposal for a regulation Recital 6 (6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and randomisation. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research~~, innovation~~ and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16). Amendment 143 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 7 (7) The categories of data held by public sector bodies which should be subject to re-use under this Regulation fall outside the scope of Directive (EU) 2019/1024 that excludes data which is not accessible due to commercial and statistical confidentiality and data for which third parties have intellectual property rights. Commercially confidential data includes data protected by trade secrets, highly- sensitive data, confidentiality obligations and agreements and any other unauthorised information that could harm commercial interest of the business. Personal data fall outside the scope of Directive (EU) 2019/1024 insofar as the access regime excludes or restricts access to such data for reasons of data protection, privacy and the integrity of the individual, in particular in accordance with data protection rules. The re-use of data, which may contain trade secrets, ~~should~~must take place without prejudice to Directive (EU) 2016/94340 , which sets the framework for the lawful acquisition, use or disclosure of trade secrets. This Regulation is without prejudice and complementary to more specific obligations on public sector bodies to allow re-use of data laid down in sector- specific Union or national law. _________________ 40 OJ L 157, 15.6.2016, p. 1–18 Amendment 144 # Damian BOESELAGER Proposal for a regulation Recital 8 (8) The re-use regime provided for in this Regulation should apply to data the supply of which forms part of the public tasks of the public sector bodies concerned, as defined by law or by other binding rules in the Member States. In the absence of such rules the public tasks should be defined in accordance with common administrative practice in the Member States, provided that the scope of the public tasks is transparent and subject to review. The public tasks could be defined generally or on a case-by-case basis for individual public sector bodies. As public undertakings are not covered by the definition of public sector body, the data they hold should not be subject to this Regulation. Data held by cultural and educational establishments, for which intellectual property rights are not incidental, but which are predominantly contained in works and other documents protected by such intellectual property rights, are not covered by this Regulation.deleted Amendment 145 # Damian BOESELAGER Proposal for a regulation Recital 9 (9) Public sector bodies should comply with competition law when establishing the principles for re-use of data they hold, avoiding as far as possible the conclusion of agreements, which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. Such agreement should be only possible when justified and necessary for the provision of a service of ~~general interest~~public interest, in particular in the areas of scientific research. This may be also the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question, for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service ~~or the product which allows the public sector body to provide an advanced digital service in the general interest~~. Such arrangements should, however, be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. In addition, such arrangements should comply with the relevant State aid rules, as appropriate, and should be concluded for a limited period, which should not exceed ~~three year~~six months. In order to ensure transparency, such exclusive agreements should be published online, regardless of a possible publication of an award of a public procurement contract. Amendment 146 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 9 (9) Public sector bodies should comply with competition law when establishing the principles for re-use of data they hold, avoiding ~~as far as possible~~ the conclusion of agreements, which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. Such agreement should be only possible when justified and necessary for the provision of a service of general interest. This may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question, for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the general interest. Such arrangements should, however, be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. In addition, such arrangements should comply with the relevant State aid rules, as appropriate, and should be concluded for a limited period, which should not exceed t~~hree~~wo years. In order to ensure transparency, such exclusive agreements should be published online, regardless of a possible publication of an award of a public procurement contract. Amendment 147 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 10 (10) Prohibited exclusive agreements and other practices or arrangements ~~between data holders and data re-user~~pertaining to the re-use of data held by public sector bodies which do not expressly grant exclusive rights but which can reasonably be expected to restrict the availability of data for re-use that have been concluded or have been already in place before the entry into force of this Regulation should not be renewed after the expiration of their term. In the case of indefinite or longer-term agreements, they should be terminated within three years from the date of entry into force of this Regulation. Amendment 148 # Damian BOESELAGER Proposal for a regulation Recital 10 (10) Prohibited exclusive agreements and other practices or arrangements between data holders and data re-users which do not expressly grant exclusive rights but which can reasonably be expected to restrict the availability of data for re-use that have been concluded or have been already in place before the entry into force of this Regulation should not be renewed after the expiration of their term. In the case of indefinite or longer-term agreements, they should be terminated within ~~thre~~one years from the date of entry into force of this Regulation. Amendment 149 # Christophe GRUDLER, Valérie HAYER, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Recital 11 (11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. ~~In particular, p~~The conditions for re-use should be designed in a manner promoting scientific research, e.g. privileging research should be considered non-discriminatory. Public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate ~~effort~~burden for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. ~~Where provision of anonymised or modified data would not respond to the needs of the re-user~~Alternatively, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re- user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re- user may have acquired despite the safeguards put in placeis also applies to pseudonymised data which remain personal data in the sense of Regulation (EU)2016/679. In the event of reidentification of data subjects, the obligation to report such a data breach to the public sector body should apply in addition to the obligation to report such a data breach to a supervisory authority and to the data subject in accordance with Regulation (EU) 2016/679. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body shcould support potential re- users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. When transmitting the request to consent, the public sector body should ensure that the data subject is clearly informed of the possibility to refuse such a request. Amendment 150 # Damian BOESELAGER Proposal for a regulation Recital 11 (11) C~~ondition~~larity on the mechanisms for re- use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, ~~should be laid down. Thos~~is needed. Such mechanisms, including possible conditions should be non-discriminatory, proportionate and objectively justified, while ~~not restricting competition~~enhancing competition as much as possible, with a specific focus on promoting access to such data for Small and Medium-sized Enterprises and Start- Ups. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights ~~and interests~~ of third parties. ~~Conditions attached to t~~The re- use of data should not be limited tobeyond what is necessary to preserve the rights ~~and interests~~ of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which ~~best serv~~accommodate the interests of the re-user without leading to a disproportionate effort for the public sector. ~~Depending on the case at hand, b~~Before its transmission, personal data should be fully and effectively anonymised, so as to definitively not allow the identification of the data subjects~~, or~~. Similarly, data containing commercially confidential information should be modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. Special emphasis for support should be put to ensure that SMEs and other small actors can compete fairly. No contact information should be given that allows re- users to contact data subjects or companies directly. Amendment 151 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Maria da Graça CARVALHO, Othmar KARAS, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 11 (11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties and be empowered to request the necessary information from the re-user. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. Amendment 152 # Marisa MATIAS Proposal for a regulation Recital 11 (11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body of a Member State, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact or any sufficient information should be given that allows re-users to trace back, de-anonymise and contact data subjects or companies directly. Amendment 153 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 11 (11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate ~~and~~, objectively justified~~, while not restricting~~ and in line with competition law. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. Amendment 154 # Dace MELBĀRDE Proposal for a regulation Recital 11 (11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate ~~effort~~burden for the public sector. Depending on the case at hand, before its transmission, personal data should be ~~fully~~ anonymised, so as to ~~definitively~~ not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. Amendment 155 # Damian BOESELAGER Proposal for a regulation Recital 12 (12) The intellectual property rights of third parties should not be affected by this Regulation. This Regulation should neither affect the existence or ownership of intellectual property rights of public sector bodies, nor should it limit the exercise of these rights in any way beyond the boundaries set by this Regulation. The obligations imposed in accordance with this Regulation should apply only insofar as they are compatible with international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the WIPO Copyright Treaty (WCT). Public sector bodies should, however, exercise their copyright in a way that facilitates re-use and encourages a transparent and cooperative approach to data, including by using a Creative Commons approach to licensing to data that is not already open data. Amendment 156 # Damian BOESELAGER Proposal for a regulation Recital 13 (13) Data subject to intellectual property rights as well as trade secrets should only be transmitted to a third party where such transmission is lawful by virtue of Union or national law or with the agreement of the rightholder. Where public sector bodies or beneficiaries of data provided by the public sector bodies are holders of the right provided for in Article 7(1) of Directive 96/9/EC of the European Parliament and of the Council (41 ) they should not exercise that right in order to prevent the re-use of data or to restrict re-use beyond the limits set by this Regulation. _________________ 41Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20). Amendment 157 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 13 a (new) (13 a) In case of sharing the data related to the employment with a third party, companies must transmit that data in full respect of the principles and provisions of GDPR, in particular in respect of Article 88 which provides the conditions for processing data in the context of employment. Additional safeguards should be put in place to avoid misuse of sensitive data. Workers should be able to exercise an unambiguous and informed consent in the processing of their data, for which a strong trade unions' involvement in the new governance of data and AI at company and sectoral level should be implemented. Workers or their representatives must, at the appropriate levels, be guaranteed quality information and consultation in good time on those processes, to guarantee a meaningful exchange with management. Amendment 158 # Marisa MATIAS Proposal for a regulation Recital 14 (14) Companies and data subjects should be able to trust that the re-use of certain categories of protected data, which are held by the public sector, will take place in a manner that respects their rights and interests. Additional safeguards should thus be put in place for situations in which the re-use of such public sector data is taking place on the basis of a processing of the data outside the public sector. Such an additional safeguard could be found in the requirement that public sector bodies should take fully into account the rights and interests of natural and legal persons (in particular the protection of personal data, commercially sensitive data and the protection of intellectual property rights) in case such data is transferred to third countries. Amendment 159 # Ivo HRISTOV Proposal for a regulation Recital 14 (14) Companies and data subjects should be able to trust that the re-use of certain categories of protected data, which are held by the public sector, will take place in a manner that respects their rights and interests. Additional safeguards should thus be put in place for situations in which the re-use of such public sector data is taking place on the basis of a processing of the data outside the public sector. Highlighted in this regard is the need of prior consultation and negotiation with social partners, if data management and processing using artificial intelligence tools relate to the sphere of work. Such an additional safeguard could be found in the requirement that public sector bodies should take fully into account the rights and interests of natural and legal persons (in particular the protection of personal data, commercially sensitive data and the protection of intellectual property rights) in case such data is transferred to third countries. Amendment 160 # Damian BOESELAGER Proposal for a regulation Recital 14 (14) Companies and data subjects should be able to trust that the re-use of certain categories of protected data, which are held by the public sector, will take place in a manner that respects their rights and interests. Additional safeguards should thus be put in place for situations in which the re-use of such public sector data is taking place on the basis of a processing of the data outside the public sector. Such an additional safeguard could be found in the requirement that public sector bodies should ~~take~~ fully ~~into account~~comply with the rights and interests of natural and legal persons (in particular the protection of personal data, commercially sensitive data and the protection of intellectual property rights) in ~~case~~all cases and especially when such data is transferred to third countries. Amendment 161 # Marisa MATIAS Proposal for a regulation Recital 15 (15) Furthermore, it is important to protect commercially sensitive data of non- personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. In order to ensure the protection of fundamental rights or interests of data holders, non-personal data which is to be protected from unlawful or unauthorised access under Union or national law, and which is held by public sector bodies, should be transferred only to third-countries where appropriate safeguards for the use of data are provided. Such appropriate safeguards should be considered to exist when in that third-country there are equivalent measures in place which ensure that non- personal data benefits from a level of protection similar to that applicable by means of Union or national law in particular as regards the protection of trade secrets and the protection of intellectual property rights. To that end, the Commission may adopt implementing acts that declare that a third country provides a level of protection that is essentially equivalent to those provided by Union or national law. The assessment of the level of protection afforded in such third-country should, in particular, take into consideration the relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law concerning the access to and protection of non-personal data, any access by the public authorities of that third country to the data transferred, the existence and effective functioning of one or more independent supervisory authorities in the third country with responsibility for ensuring and enforcing compliance with the legal regime ensuring access to such data, or the third countries’ international commitments regarding the protection of data the third country concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems. The existence of effective legal remedies for data holders, public sector bodies or data sharing providers in the third country concerned is of particular importance in the context of the transfer of non-personal data to that third country. Such safeguards should therefore include the availability of enforceable rights and of effective legal remed and personal data, even anonymised, should not be transferred to third-countries. Amendment 162 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Georgios KYRTSOS, Seán KELLY, Maria da Graça CARVALHO, Othmar KARAS, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 15 (15) Furthermore, i~~t is~~n order to preserve fair competition and an open market economy it is of utmost importantce to protect commercially sensitive data of non- personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. In order to ensure the protection of fundamental rights or interests of data holders, non-personal data which is to be protected from unlawful or unauthorised access under Union or national law, and which is held by public sector bodies, should be transferred only to third-countries where appropriate safeguards for the use of data are provided. Such appropriate safeguards should be considered to exist when in that third- country there are equivalent measures in place which ensure that non-personal data benefits from a level of protection similar to that applicable by means of Union or national law in particular as regards the protection of trade secrets and the protection of intellectual property rights. To that end, the Commission may adopt ~~implementing~~delegated acts that declare that a third country provides a level of protection that is essentially equivalent to those provided by Union or national law. The assessment of the level of protection afforded in such third-country should, in particular, take into consideration the relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law concerning the access to and protection of non-personal data, any access by the public authorities of that third country to the data transferred, the existence and effective functioning of one or more independent supervisory authorities in the third country with responsibility for ensuring and enforcing compliance with the legal regime ensuring access to such data, or the third countries’ international commitments regarding the protection of data the third country concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems. The existence of effective legal remedies for data holders, public sector bodies or data sharing providers in the third country concerned is of particular importance in the context of the transfer of non-personal data to that third country. Such safeguards should therefore include the availability of enforceable rights and of effective legal remedies. Amendment 163 # Marisa MATIAS Proposal for a regulation Recital 16 (16) In cases where there is no implementing act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only transmit protected data to a re-user, if the re-user undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re-user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputes.deleted Amendment 164 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 16 (16) In cases where there is no implementing act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only transmit protected data to a re-user, if the re-user undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re-user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputesnot transmit protected data to a re-user. Amendment 165 # Damian BOESELAGER Proposal for a regulation Recital 16 (16) In cases where there is no implementing act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should o~~nly transmit protected data to a re-user, if~~blige the re- user ~~undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to~~to not to transfer non-personal data protected on grounds set out in Article 3 to a third country unless the re-user complyies with the obligations laid out in this Regulation ~~even~~, including after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re-user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputes. In this regard, the public sector bodies or the competent bodies shall provide guidance and legal and administrative support to re-users, especially small actors, such as SMEs and start-ups, for the purpose of supporting them in complying with these obligations. Amendment 166 # Sara SKYTTEDAL Proposal for a regulation Recital 16 (16) In cases where there is no implementing act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only after consent from the competent body transmit protected data to a re-user, if the re-user undertakes obligations to the competent body in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re- user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputes. Amendment 167 # Angelika NIEBLER, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Georgios KYRTSOS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 16 (16) In cases where there is no ~~implementing~~delegated act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only transmit protected data to a re-user, if the re-user undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re- user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputes. Amendment 168 # Marisa MATIAS Proposal for a regulation Recital 17 (17) Some third countries adopt laws, regulations and other legal acts which aim at directly transferring or providing access to non-personal data in the Union under the control of natural and legal persons under the jurisdiction of the Member States. Judgments of courts or tribunals or decisions of administrative authorities in third countries requiring such transfer or access to non-personal data should be enforceable when based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State. In some cases, situations may arise where the obligation to transfer or provide access to non-personal data arising from a third country law conflicts with a competing obligation to protect such data under Union or national law, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, and including its contractual undertakings regarding confidentiality in accordance with such law. In the absence of international agreements regulating such matters, transfer or access should only be allowed under certain conditions, in particular that the third-country system requires the reasons and proportionality of the decision to be set out, that the court order or the decision is specific in character, and the reasoned objection of the addressee is subject to a review by a competent court in the third country, which is empowered to take duly into account the relevant legal interests of the provider of such data.deleted Amendment 169 # Damian BOESELAGER Proposal for a regulation Recital 17 (17) Some third countries adopt laws, regulations and other legal acts which aim at directly transferring or providing access to non-personal data in the Union under the control of natural and legal persons under the jurisdiction of the Member States. Judgments of courts or tribunals or decisions of administrative authorities in third countries requiring such transfer or access to non-personal data should be enforceable when based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State. In some cases, situations may arise where the obligation to transfer or provide access to non-personal data arising from a third country law conflicts with a competing obligation to protect such data under Union or national law, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, and including its contractual undertakings regarding confidentiality in accordance with such law. In the absence of international agreements regulating such matters, transfer or access should only be allowed under certain conditions, in particular that the third-country system requires the reasons and proportionality of the decision to be set out, that the court order or the decision is specific in character, and the reasoned objection of the addressee is subject to a review by a competent court in the third country, which is empowered to take duly into account the relevant legal interests of the provider of such data. Amendment 170 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 17 (17) Some third countries adopt laws, regulations and other legal acts which aim at directly transferring or providing access to non-personal data in the Union under the control of natural and legal persons under the jurisdiction of the Member States. Judgments of courts or tribunals or decisions of administrative authorities in third countries requiring such transfer or access to non-personal data should be enforceable when based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State. In some cases, situations may arise where the obligation to transfer or provide access to non-personal data arising from a third country law conflicts with a competing obligation to protect such data under Union or national law, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, and including its contractual undertakings regarding confidentiality in accordance with such law. In the absence of international agreements regulating such matters, transfer or access should only be allowed under certain conditions, in particular that the third-country system requires the reasons and proportionality of the decision to be set out, that the court order or the decision is specific in character, and the reasoned objection of the addressee is subject to a review by a competent court in the third country, which is empowered to take duly into account the relevant legal interests of the provider of such data. Amendment 171 # Damian BOESELAGER Proposal for a regulation Recital 18 (18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of ~~recogn~~authorised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored, including ~~encryption of data or corporate policies~~by providing an operational security plan upon registration and deployment of encryption of data. Amendment 172 # Angelika NIEBLER, Eva MAYDELL, Tom BERENDSEN, Dan-Ştefan MOTREANU, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 18 (18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored, including encryption of data, cybersecurity measures or corporate policies. Amendment 173 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 18 (18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable and legal measures to prevent access to the systems where non-personal data is stored, including encryption of data or corporate policies. Amendment 174 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI Proposal for a regulation Recital 19 (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non- personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.deleted Amendment 175 # Dace MELBĀRDE (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non- personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.deleted Amendment 176 # Marisa MATIAS Proposal for a regulation Recital 19 (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive~~, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments~~. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law before allowing data transfer, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions oInsurance companies or any other service provider should not be allowed to use data from e-health applications for the purpose of discriminating in the setting of prices, as this would run counter to the fundamental right of access to health.1a The transfer of such data to third countries should be strictly forbidden. _________________ 1aEuropean Parliament resolution of 25 March 2021 on a European stra~~nsfer of the data to third countries to protect the public interest.~~tegy for data https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0098_EN.html Amendment 177 # Ivo HRISTOV Proposal for a regulation Recital 19 (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data, including real world data, such as electronic health records, insurance claims data and data from patient registries. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. Regarding the processing of data for health research purposes, the provisions of GDPR under Article 9 on the processing of special categories of data should apply. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. Amendment 178 # Angelika NIEBLER, Jerzy BUZEK, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 19 (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. Other relevant sectors could be transport, energy, environment, telecommunications and finance. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non- discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. Amendment 179 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 19 (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, ~~the~~ environmental and agricultural practices, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. Amendment 180 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 19 (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive by a specific Union act, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. Amendment 181 # Damian BOESELAGER Proposal for a regulation Recital 19 (19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in ~~delegated~~the respective acts. Conditions should be proportionate, non-discriminatory ~~and~~, not restrict competition and should be necessary to protect legitimate public policy objectives identified, such as the protection of public health, public ~~order,~~ safety, the environment, ~~public morals,~~ consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. Amendment 182 # Marisa MATIAS Proposal for a regulation Recital 20 (20) Public sector bodies should be able to charge fees for the re-use of data but should also be able to decide to make the data available at lower or no cost, for example for certain categories of re-uses such as non-commercial re-use for research, or re-use by small and medium- sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support ~~companies~~general objectives of the Union in the framework of the Green Deal, the twin transition or other legal commitments for the Union’s strategic autonomy that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees are intended to cover the costs incurred by public sector bodies in collecting, storing and sharing of data and should be reasonable, transparent, published online and non- discriminatory. Amendment 183 # Damian BOESELAGER Proposal for a regulation Recital 20 (20) Public sector bodies should be able to charge fees for the re-use of data to cover the costs of providing for such data re-use, but should also be able to decide to make the data available at lower or no cost, for example for certain categories of re- uses such as non-commercial re-use, or re- use by small and medium-sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be ~~reasonable~~proportionate to the cost incurred, transparent, published online ~~and~~, non- discriminatory and not constrain competition. Amendment 184 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 20 (20) Public sector bodies should be able to charge fees for the re-use ~~of data but~~. Such fees should be reasonable, transparent, published online and non-discriminatory. Public sector bodies should also be able to decide to make the data available at lower or no cost, for example for certain categories of re-uses such as non- commercial re-use, or re-use by micro, small and medium-sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves~~, in line with State aid rules. Such fees should be reasonable, transparent, published online and non- discriminatory~~. The list of categories of re- users for which discounted or no fees apply should be made public together with the criteria used to establish such list, in line with State aid rules and competition law. Amendment 185 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Recital 20 (20) Public sector bodies should be able to charge fees for the re-use of data but should also be able to decide to make the data available at lower or no cost, for example for certain categories of re-uses such as non-commercial re-use, or re-use by small and medium-sized enterprises, including social economy enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be reasonable, transparent, published online and non- discriminatory. Amendment 186 # Dace MELBĀRDE Proposal for a regulation Recital 20 (20) Public sector bodies should be able to set and charge fees for the re-use of data ~~but~~. The public sector bodies should also be able to decide to make the data available at ~~lower or~~ no cost, for example for certain categories of re-uses such as non- commercial re-use, or re-use by micro, small and medium-sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be ~~reasonable~~proportional, transparent~~, published online~~ and non- discriminatory, and should be publicly available, including online. Amendment 187 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 21 (21) In order to incentivise the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies, also creating and implementing training courses, sensitising in order to share the final aim to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data holders with management of the consent, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Data processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors promoting and enhancing the synergies between them in order to create a data driven environment. Amendment 188 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 21 (21) In order to incentivise the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation and developing a harmonised approach and processes for public sector bodies to make scientific data available for purposes of research. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data holders with management of the consent, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Data processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors. Amendment 189 # Dace MELBĀRDE Proposal for a regulation Recital 21 (21) In order to incentivise and promote the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data holders with management of the consent to re-use, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Data processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors. Amendment 190 # Marisa MATIAS Proposal for a regulation Recital 21 (21) In order to incentivise the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments in the Union, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data holders with management of the consent, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Data processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors. Amendment 191 # Damian BOESELAGER Proposal for a regulation Recital 22 (22) Providers of data sharing services (data intermediaries) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharing services that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential users on the other hand, and assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services that are meant to be used by a closed group of data holders and users. Providers of cloud services should be excluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providers should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, such as to convert it into specific formats. In addition, services that focus on the intermediation of content, in particular on copyright-protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providers for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not- for-profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/ECfacilitate bi- or multilateral data sharing. To ensure fair, non- discriminatory and transparent access for all actors to the data economy there is a need to support the role of neutral and trusted data intermediaries, whose pricing and terms of service do not depend on whether or not a potential data holder or data user is using other services provided by the same enterprise, including, cloud storage, analytics, Artificial Intelligence or other data-based applications. Data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power, while allowing for non- discriminatory access to the data economy for actors of all sizes, especially small actors with limited financial, legal or administrative means. These ecosystems can address the threat of market concentration and imbalances of market power between individual actors and data- driven platform providers, which are a threat to the competitiveness of the European data economy. In particular, market concentration in data markets risks to be perpetuated into markets for machine-learning-based applications. This Regulation covers the provision of data sharing services that have as an objective the establishment of a business, a legal and potentially also technical relation between an indefinite number of data holders, on the one hand, and potential users on the other hand, and assist the parties in transactions in which a access to or a transfer of data takes place between them, including any payment or other compensation from data users to data holders in exchange for access to or transfer of data. Where actors offer multiple data-related services, only the activities which directly concern the provision of such data sharing services should be covered by this Regulation. Services, which are aimed at a closed group of data holders or data users, for the purpose of exchanging data in the context of a contractually-defined collaboration or joint undertaking should not be covered by this obligation. Such services may include supply or customer relationships with the main objective of ensuring functionalities of connected objects or devices, including for the provision of products or services connected to the Internet-of-Things. Auxiliary technical, legal, financial or administrative support services which enable data holders or data users to prepare data exchanges, for example by providing legal advice, technical conversion or financial services in the context of an exchange, without providing the data sharing service itself, shall not be covered by the Regulation. At the same time, data sharing service providers should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, such as to convert it into specific formats. Amendment 192 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 22 (22) Providers of data sharing services (data intermediaries) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries should be controlled and authorised only by public bodies within the Member States. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharing services that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential users on the other hand, and assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services that are meant to be used by a closed group of data holders and users. Providers of cloud services should be excluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providers should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, or improve the interoperability of digital platforms, such as to convert it into specific formats. In addition, services that focus on the intermediation of content, in particular on copyright-protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providers for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for-profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC. Amendment 193 # Pietro FIOCCHI Proposal for a regulation Recital 22 (22) PData intermediaries (specific providers of data sharing services ~~(data intermediaries~~) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover ~~providers of data sharing servic~~data intermediaries that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, ~~on the one hand,~~ and potential data users ~~on the other hand, and~~and which assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services ~~that are meant to be used by a closed group of data holders and user~~developed jointly by multiple legal persons for the purpose of sharing data in the context of a specific collaboration or joint undertaking, including the provision of products and services connected to the Internet-of-Things. Providers of cloud infrastructure services should be excluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data ~~sharing service provider~~intermediaries should be allowed to make adaptations to the data exchanged, ~~to the extent that this~~in order to improves the usability of the data by the data user, where the data user desires this, ~~such as to convert it into specific formats~~or improve platform interoperability. In addition, services that focus on the intermediation of content, in particular on copyright-protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as ~~their~~ main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data ~~sharing service provider~~intermediaries for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for- profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC. Amendment 194 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 22 (22) Providers of data sharing services (data intermediaries) are expected to play a key role in the data economy~~, as~~ in particular in supporting voluntary data sharing practices or data sharing arrangements set by Union or national law. They could become a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharing services that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential users on the other hand, and assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services that are meant to be used by a closed group of data holders and users. Providers of cloud services should be excluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providers should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, such as to convert it into specific formats. In addition, services that focus on the intermediation of content, in particular on copyright- protected content, should not be covered by this Regulation. Intermediation services developed jointly by multiple legal persons for the purpose of sharing data in the context of a specific collaboration or joint undertaking, including the provision of products and services connected to the Internet-of-Things should be excluded. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providers for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for-profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of ~~general~~public interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC. Amendment 195 # Marisa MATIAS Proposal for a regulation Recital 22 (22) Providers of data sharing services (data intermediaries) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharing services that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential users on the other hand, and assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services that are meant to be used by a closed group of data holders and users. Providers of cloud services should be exincluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providers should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, such as to convert it into specific formats. In addition, services that focus on the intermediation of content, in particular on copyright-protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providers for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for-profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC. Amendment 196 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 22 a (new) (22 a) Data intermediary services could also be set up by public entities such as cities and municipalities fully complying with the rules of this Regulation. Cities gather vast amounts of data of their citizens and the users of their services. Better utilising this data could bring benefits both to the cities and the users of their services through better interoperability of data and improved personal data management for individuals through implementing MyData principles. These services could facilitate the transfer of both public sector data and data provided by the individuals themselves or by third parties. These services should function by fully complying with existing legislation and especially with Regulation EU 2016/679 (GDPR). Amendment 197 # Marisa MATIAS Proposal for a regulation Recital 23 (23) A specific category of data intermediaries includes providers of data sharing services that offer their services to data subjects in the sense of Regulation (EU) 2016/679. Such providers focus exclusively on personal data and seek to enhance individual agency and the individuals’ control over the data pertaining to them. They would assist individuals in exercising their rights under Regulation (EU) 2016/679, in particular managing their consent to data processing, the right of access to their own data, the right to the rectification of inaccurate personal data, the right of erasure or right ‘to be forgotten’, the right to withdraw their consent, the right to restrict processing and the data portability right, which allows data subjects to move their personal data from one controller to the other. In this context, it is important that their business model ensures that there are no misaligned incentives that encourage individuals to make more data available for processing than what is in the individuals’ own interest. This could include advising individuals on uses of their data they could allow and making due diligence checks on data users before allowing them to contact data subjects, in order to avoid fraudulent practices. In certain situations, it could be desirable to collate actual data within a personal data storage space, or ‘personal data space’ so that processing can happen within that space without personal data being transmitted to third parties in order to maximise the protection of personal data and privacy. Amendment 198 # Dace MELBĀRDE Proposal for a regulation Recital 23 (23) A specific category of data intermediaries includes providers of data sharing services that offer their services to data subjects in the sense of Regulation (EU) 2016/679. Such providers focus exclusively on personal data and seek to enhance individual agency and the individuals’ control over the data ~~pertain~~relating to them. They would assist individuals in exercising their rights under Regulation (EU) 2016/679, in particular managing their consent to data processing, the right of access to their own data, the right to the rectification of inaccurate personal data, the right of erasure or right ‘to be forgotten’, the right to restrict processing and the data portability right, which allows data subjects to move their personal data from one controller to the other. In this context, it is important that their business model ensures that there are no misaligned incentives that encourage individuals to make more data available for processing than what is in the individuals’ own interest. This could include advising individuals on uses of their data they could allow and making due diligence checks on data users before allowing them to contact data subjects, in order to avoid fraudulent practices. In certain situations, it could be desirable to collate actual data within a personal data storage space, or ‘personal data space’ so that processing can happen within that space without personal data being transmitted to third parties in order to maximise the protection of personal data and privacy. Amendment 199 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Recital 24 (24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises, including social economy enterprises, that in terms of knowledge of data sharing, are often comparable to individuals. Accordingly, the establishment of such cooperatives should be encouraged as an operating mechanism of data intermediation, exchange and sharing activities, which could ensure a truly shared participatory governance whilst increasing trust among the actors involved. Amendment 200 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 24 (24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises that in terms of knowledge of data sharing, are often comparable to individuals. Upon request and informed consent of their associated members, cooperatives - which detain the data of their members for the realisation of their economic, social and cultural purposes - should be identifiable as "data cooperatives". Amendment 201 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 24 (24) Data cooperatives seek to strengthen the position of individuals in making explicit and informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. ~~In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative~~The data rights holders may authorise the intermediation service to exercise data rights on their behalf, however data sharing services under Article 9(1)(b) and (c) may only receive a revocable mandate by data subjects to exercise their rights under Regulation (EU)2016/679. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises that in terms of knowledge of data sharing, are often comparable to individuals. Amendment 202 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 24 (24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises, especially in the agrifood sector, that in terms of knowledge of data sharing, are often comparable to individuals. Amendment 203 # Damian BOESELAGER Proposal for a regulation Recital 24 (24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the pricing terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises that in terms of knowledge of data sharing, are often comparable to individuals. Amendment 204 # Dace MELBĀRDE Proposal for a regulation Recital 25 (25) In order to increase trust in such data sharing services, in particular related to the use of data and the compliance with the conditions imposed by data holders, it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy provision of such data sharing services. This will contribute to ensuring that data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users. In that regard, it is of particular importance to shape that infrastructure in such a way that MSMEs do not encounter technical or other impediments for their participation in the data economy. Amendment 205 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER Proposal for a regulation Recital 25 (25) In order to increase trust in such data sharing services, in particular related to the use of data and the compliance with the conditions imposed by data holders, it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy provision of such data sharing services. This will contribute to ensuring that data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use, which is at the core of increasing such trust among data holders, be they individuals or companies. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users. Amendment 206 # Damian BOESELAGER Proposal for a regulation Recital 25 (25) In order to increase trust in such data sharing services, ~~in particular related to the use of data and the compliance with the conditions imposed by data holders,~~ it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy, open and non-discriminatory provision of such data sharing services. This will contribute to ensuring that data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users. Amendment 207 # Damian BOESELAGER Proposal for a regulation Recital 26 (26) A key element to bring trust and more control for data holder and data users in data sharing services is the neutrality of data sharing service providers as regards the data exchanged between data holders and data users. It is therefore necessary that data sharing service providers act only as intermediaries in the transactions, and do not use the data exchanged for any other purpose. This will also require structural separation between the data sharing service and any other services provided, so as to avoid issues of conflict of interest. This means that the data sharing service should be provided through a legal entity that is separate from the other activities of that data sharing provider. Where an actor provides other data-related services, in addition to data sharing services, the pricing and terms of services for the data sharing service should not be dependent on whether and to what degree a data holder or data user uses other data- related services from the same actor. Data sharing providers that intermediate the exchange of data between individuals as data holders and legal persons should, in addition, bear fiduciary duty towards the individuals, to ensure that they act in the best interest of the data holders. Amendment 208 # Dace MELBĀRDE Proposal for a regulation Recital 26 (26) ~~A key element to bring~~It is paramount for the EU to enable a competitive environment for data sharing. One of the key elements to ensure trust and more control for data holder and data users in data sharing services is the neutrality of data sharing service providers as regards the data exchanged between data holders and data users. It is therefore necessary that data sharing service providers act only as intermediaries in the transactions, and do not use the data exchanged for any other purpose. This will also require structural separation between the data sharing service and any other services provided, so as to avoid issues of conflict of interest. This means that the data sharing service should be provided through a legal entity that is separate from the other activities of that data sharing provider except for services to improve the usability of the data . Data sharing providers that intermediate the exchange of data between individuals as data holders and legal persons should, in addition, bear fiduciary duty towards the individuals, to ensure that they act in the best interest of the data holders. Amendment 209 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 26 a (new) (26 a) Data intermediaries should take reasonable measures to ensure interoperability with other data intermediation services to ensure the proper functioning of the market. Reasonable measures could include following the existing, commonly-used standards. The European Data Innovation Board should facilitate the emergence of additional industry standards, where necessary. Data sharing service providers should implement in due time the measures for interoperability between the data sharing services set out by the European Data Innovation Board. Amendment 210 # Eva KAILI Proposal for a regulation Recital 26 a (new) (26 a) The gradual shift from physical centres of data storage to data architectures on the cloud and closer to the user reinforces the need for a strengthened cybersecurity framework to meet the evolving levels of trust by both data rights holders and data users in the context of data exchanges. Amendment 211 # Dace MELBĀRDE Proposal for a regulation Recital 26 a (new) (26 a) To help promote proper functioning of the market, data intermediaries should take reasonable measures to ensure interoperability. Amendment 212 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 26 b (new) (26 b) COVID-19 crisis has clearly shown just how important digital technologies have become in our daily lives. Telemedicine, teleworking, videoconference and online educational platforms are all great examples of how the digital tools can have a transformative impact on our societies. The digital transformation of our societies and economies is creating new opportunities for innovation and efficiency, while also providing new opportunities in addressing societal challenges. However, as our dependency on digital technologies continues to grow and with it the volume of generated data, individuals, governments and businesses are facing an increased risk of data loss, theft, abuse and misuse. These challenges highlight the need to strengthen Union’s resilience and digital autonomy by investing further into digital skills, technological and industrial capacities necessary to respond to these challenges. A future-proof data governance framework needs to use state- of-the-art cybersecurity standards and utilize cybersecurity solutions that will ensure high levels of protection of personal and non-personal data. Amendment 213 # Eva KAILI Proposal for a regulation Recital 26 b (new) (26 b) The successful uptake and widespread use of products and services fuelled by data depend on cybersecurity standards, which will inspire trust and allow for safer data sharing mechanisms and better protocols to guarantee data protection and the prevention, detection and handling of evolving cyberthreats. Amendment 214 # Eva KAILI Proposal for a regulation Recital 26 c (new) (26 c) Technological advancement based on data processing and the interconnectedness of digital products and services call for legally binding cybersecurity and privacy standards to mitigate threats to privacy and the rights and freedoms of individual data rights holders in the context of a harmonised framework for data exchanges through trusted data intermediation. Amendment 215 # Eva KAILI Proposal for a regulation Recital 26 d (new) (26 d) A coordinated and functional European framework for digital identities can further enable individual data rights holders to retain ownership of their data, and contribute to the establishment of safe and trustworthy data intermediation standards. A harmonised, operational and secure digital ID framework in the EU can become the building block of trust along the entire lifecycle of data exchange mechanisms and intermediation services. Amendment 216 # Damian BOESELAGER Proposal for a regulation Recital 27 (27) In order to ensure the compliance of the providers of data sharing services with the conditions set out in this Regulation, such providers should have a place of establishment in the Union. Alternatively, where a provider of data sharing services not established in the Union offers services within the Union, it should designate a representative. Designation of a representative is necessary, given that such providers of data sharing services handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this Regulation. In order to determine whether such a provider of data sharing services is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing services, or the use of a language generally used in the third country where the provider of data sharing services is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing services is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this Regulation. Amendment 217 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 27 (27) In order to ensure the compliance of the providers of data sharing services with the conditions set out in this Regulation, such providers should have a place of establishment in the Union. Alternatively, where a provider of data sharing services not established in the Union offers services within the Union, it should designate a representative. Designation of a representative is necessary, given that such providers of data sharing services handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this Regulation. In order to determine whether such a provider of data sharing services is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing services, or the use of a language generally used in the third country where the provider of data sharing services is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing services is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this Regulation. In case of processing of personal data, the previously mentioned data sharing service providers not established in the Union are subject to the rules and principles of the GDPR. Amendment 218 # Dace MELBĀRDE Proposal for a regulation Recital 27 (27) In order to ensure the compliance of the providers of data sharing services with the conditions set out in this Regulation, such providers should have a place of establishment in the Union~~. Alternatively, where a provider of data sharing services not established in the Union offers services within the Union, it should~~ or designate a representative. Designation of a representative is necessary, given that such providers of data sharing services handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this Regulation. In order to determine whether such a provider of data sharing services is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing services, or the use of a language generally used in the third country where the provider of data sharing services is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing services is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this Regulation. Amendment 219 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 27 (27) In order to ensure the compliance of the providers of data ~~sharing servic~~intermediaries with the conditions set out in this Regulation, such providers should have a place of establishment in the Union. Alternatively, where a provider of data sharing services not established in the Union offers services within the Union, it should designate a representative. Designation of a representative is necessary, given that such providers of data sharing services handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this Regulation. In order to determine whether such a provider of data sharing services is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing services, or the use of a language generally used in the third country where the provider of data sharing services is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing services is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this Regulation. Amendment 220 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 28 (28) This Regulation should be without prejudice to the obligation of providers of data sharing services to comply with Regulation (EU) 2016/679 and the responsibility of supervisory authorities to ensure compliance with that Regulation. When providers of data intermediaries process personal data, this Regulation does not affect the protection of personal data. Where the data sharing service providers are data controllers or processors in the sense of Regulation (EU) 2016/679 they are bound by the rules of that Regulation. This Regulation should be also without prejudice to the application of competition law. Amendment 221 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 28 a (new) (28 a) As laid down in Article 11 of this Regulation, the data intermediaries shall have procedures and sanctions in place to prevent fraudulent or abusive practices in relation to access to data from parties seeking access through their services. These rules could be defined for example in a rulebook that lays out the code of conduct and rules for the data network in question. In practice, sanctions could mean e.g. excluding the data user that does not comply with the rules and procedures that have been agreed within the network or with existing legislation. The data intermediaries are subject to compliance monitoring as laid in the Article 13 of this Regulation. Therefore, it is necessary to set up tools for the data intermediaries surveillance the compliance within the users of their services. Amendment 222 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Recital 29 (29) Providers of data sharing services should also take measures to ensure compliance with competition law. Data sharing may generate various types of efficiencies but may also lead to restrictions of competition, in particular where it includes the sharing of competitively sensitive information. This applies in particular in situations where data sharing enables businesses to become aware of market strategies of their actual or potential competitors. Competitively sensitive information typically includes information on future prices, production costs, quantities, turnovers, sales or capacities. Given that some data can be protected by IP rights or as trade secrets, it is important to promote a balance between the need to promote data sharing on multiple levels and the need to safeguard legitimate interests of businesses, thereby ensuring a secure environment for all economic operators. Amendment 223 # Damian BOESELAGER Proposal for a regulation Recital 29 (29) Providers of data sharing services should also take effective measures to ensure compliance with competition law. Data sharing may generate various types of efficiencies but may also lead to restrictions of competition, in particular where it includes the sharing of competitively sensitive information. This applies in particular in situations where data sharing enables businesses to become aware of market strategies of their actual or potential competitors. Competitively sensitive information typically includes information on future prices, production costs, quantities, turnovers, sales or capacities. Amendment 224 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 29 a (new) (29 a) In that regard, it is of particular importance to create a data economic environment that enables equal access to data to both SMEs and big companies. This Regulation should avoid monopolistic implementations and structures that could disadvantage micro companies and SMEs. Amendment 225 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 29 b (new) (29 b) Competitively sensitive information should also take into account the possibility of issuing fake data to destabilise the market, which could be due to third parties having an interest in these unfair competition practices. For this purpose, processes to verify the authenticity of the data must be activated. Amendment 226 # Evžen TOŠENOVSKÝ Proposal for a regulation Recital 31 (31) In order to support effective cross- border provision of services, the data sharing provider should be requested to send a notification only to the designated competent authority from the Member State where its main establishment is located or where its legal representative is located and with this notification the data sharing service provider should be able to start operating in other Member States without further notification obligations. Such a notification should not entail more than a mere declaration of the intention to provide such services and should be completed only by providing the information set out in this Regulation. Amendment 227 # Dace MELBĀRDE Proposal for a regulation Recital 31 (31) In order to support effective cross- border provision of services, the data sharing provider should be requested to send a notification only to the designated competent authority from the Member State where its main establishment is located or where its legal representative is located. Such a notification should not entail more than a mere declaration of the intention to provide such services and should be completed only by the providing information set out in this Regulation. After the relevant notification the data sharing provider should be able to start operating in other Member States without further notification obligations. Amendment 228 # Damian BOESELAGER Proposal for a regulation Recital 31 (31) In order to support effective cross- border provision of services, the data sharing provider should be requested to send a notification only to the designated competent authority from the Member State where its main establishment is located ~~or where its legal representative is located. Such a notification should not entail more than a mere declaration of the intention to provide such services and~~. Such a notification should be completed only by the information set out in this Regulation. Amendment 229 # Ivo HRISTOV Proposal for a regulation Recital 33 (33) The competent authorities under Regulation 2018/679 designated to monitor compliance of data sharing services with the requirements in this Regulation should be chosen on the basis of their capacity and expertise regarding horizontal or sectoral data sharing, and they should be independent as well as transparent and impartial in the exercise of their tasks. Member States should notify the Commission of the identity of the designated competent authorities. Amendment 230 # Damian BOESELAGER Proposal for a regulation Recital 35 (35) There is a strong potential in the use of data made available voluntarily by data subjects based on their consent or, where it concerns non-personal data, made available by legal persons, for purposes of general interest. Such purposes would include healthcare, combating climate change, improving mobility, facilitating the establishment of official statistics or improving the provision of public services. Support to scientific research, including for example technological development and demonstration, fundamental research, applied research and privately funded research, should be considered as well purposes of general interest. This Regulation aims at contributing to the emergence of pools of data made available on the basis of data altruism that have a sufficient size in order to enable data analytics and machine learning, including across borders in the Union.deleted Amendment 231 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 35 (35) There is a strong potential in the use of data made available freely and voluntarily by data subjects ~~based on their~~and by data rights holders based on their informed and valid consent or, where it concerns non-personal data, made available by legal persons, for purposes of ~~general~~public interest. Such purposes would include healthcare, combating climate change, improving mobility, facilitating the establishment of official statistics or improving the provision of public services. Altruistic consent is not meant for working life situations, as employees relation to employer is not a relation that allows the worker to decide voluntarily whether to give consent or not. Support to scientific research, including for example technological development and demonstration, fundamental research, applied research ~~and~~, privately funded research and collaborative knowledge, should be considered as well purposes of ~~general~~public interest. This Regulation aims at contributing to the emergence of pools of data made available on the basis of data altruism that have a sufficient size in order to enable data analytics and machine learning, including across borders in the Union. Amendment 232 # Ivo HRISTOV Proposal for a regulation Recital 35 (35) There is a strong potential in the use of data made available voluntarily by data subjects based on their consent or, where it concerns non-personal data, made available by legal persons, for purposes of general interest. Such purposes would include healthcare, combating climate change, improving mobility, facilitating the establishment of official statistics or improving the provision of public services. Support to scientific research, including for example technological development and demonstration, fundamental research, applied research and privately funded research, should be considered as well purposes of general interest. This Regulation aims at contributing to the emergence of pools of data made available on the basis of data altruism that have a sufficient size in order to enable data analytics and machine learning, including across borders in the Union. The Regulation should ensure a high level of protection against misleading practices regarding initiatives by the industry which are presented as public purpose research aiming to promote "ethical" behaviour. Amendment 233 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Recital 35 a (new) (35 a) The creation of a secure European federated digital identity system is of crucial importance. The Data Governance Act should ensure coherence with the EU Digital identity through which users shall access online services, have control over their data, be able to swiftly manage the consent they provide and properly enforce their rights, such as portability and their right to be forgotten. Amendment 234 # Damian BOESELAGER (36) Legal entities that seek to support purposes of ~~general~~public interest by making available relevant data based on ~~data altruism~~voluntary data sharing in the public interest at scale and meet certain requirements, should be able required to register as ‘Data Altruism Organisations ~~recogn~~authorised in the Union’. This could lead to the establishment of data repositories. As ~~registr~~authorisation in a Member State would be valid across the Union, and this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. The voluntary compliance of such registerThe compliance of such authorised entities with a set of requirements should bring trust that the data made available on ~~altruistic purpos~~voluntary data sharing in the public interest is serving a ~~general~~public interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. The protection of the rights and interests of data subjects should notably include representative actions for the protection of the collective interests of consumers referred to as data subjects according to Directive 2020/1828. Further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. Amendment 235 # Dace MELBĀRDE Proposal for a regulation Recital 36 (36) Legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements, should be able to register as ‘Data Altruism Organisations recognised in the Union’. This could lead to the establishment of data repositories. As registration in a Member State would be valid across the Union, ~~and~~ this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. The voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. Further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective and clearly communicated technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. Amendment 236 # Marisa MATIAS Proposal for a regulation Recital 36 (36) Legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements, should be able to register as ‘Data Altruism Organisations recognised in the Union’. This could lead to the establishment of data repositories. As registration in a Member State would be valid across the Union, and this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. The voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. Further safeguards should include making it possible to process relevant data within a secure processing environment within the Union and operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. Amendment 237 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 36 (36) Legal entities that seek to support purposes of ~~general~~public interest by making available relevant data based on data altruism at scale and meet certain requirements, should be able to register as ‘Data Altruism Organisations recognised in the Union’. This could lead to the establishment of data repositories. As registration in a Member State would be valid across the Union, and this should facilitate cross-border data use within the Union and the emergence of data pools covering several Member States. Data subjects in this respect would consent to specific purposes of data processing, but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. The voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a ~~general~~public interest purpose. Such trust should result in particular from a place of establishment within the Union, as well as from the requirement that registered entities have a not-for-profit character, from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. Further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity, oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics, effective technical means to withdraw or modify consent at any moment, based on the information obligations of data processors under Regulation (EU) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. Amendment 238 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 37 (37) This Regulation is without prejudice to the establishment, organisation and functioning of entities that seek to engage in data altruism pursuant to national law. It builds on national law requirements to operate lawfully in a Member State as a not-for-profit organisation. Entities which meet the requirements in this Regulation should be able to use the title of ‘Data Altruism Organisations recognised in the Union’. The entity should use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act. Amendment 239 # Damian BOESELAGER Proposal for a regulation Recital 37 (37) This Regulation is without prejudice to the establishment, organisation and functioning of entities that seek to engage in ~~data altruism~~voluntary data sharing in the public interest pursuant to national law. It builds on national law requirements to operate lawfully in a Member State as a not-for-profit organisation. Entities which meet the requirements in this Regulation should be able to use the title of ‘Data Altruism Organisations ~~recogn~~authorised in the Union’. Amendment 240 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 37 a (new) (37 a) This Regulation is without prejudice to the establishment, organisation and functioning of entities other than Public Sector bodies that engage in the sharing of data and content on the basis of open licenses, thereby contributing to the creation of commons resources available to all. This includes open collaborative knowledge sharing platforms like Wikipedia and Wikidata, open access scientific and academic repositories, open source software development platforms and Open Access content aggregation platforms like European. Organisations building such open Access commons knowledge repositories play an important role in the online infrastructure. Nothing in this Regulation should therefore be interpreted to limit the ability of non- profit organizations to make data and content available to the public under open licenses. Amendment 241 # Marisa MATIAS Proposal for a regulation Recital 37 a (new) (37 a) This Regulation is without prejudice to the establishment, organisation and functioning of entities other than Public Sector bodies that engage in the sharing of data and content on the basis of open licenses, thereby contributing to the creation of commons resources available to all. This includes open collaborative knowledge sharing platforms, open access scientific and academic repositories, open source software development platforms and Open Access content aggregation platforms. Organisations building such open Access commons knowledge repositories play an important role in the online infrastructure. Nothing in this Regulation should therefore be interpreted to limit the ability of non-profit organisations to make data and content available to the public under open licenses. Amendment 242 # Damian BOESELAGER Proposal for a regulation Recital 38 (38) Data Altruism Organisations ~~recogn~~authorised in the Union should be able to collect relevant data directly from natural and legal persons or to process data collected by others. Typically, ~~data altruism~~voluntary data sharing in the public interest would rely on consent of data subjects in the sense of Article 6(1)(a) and 9(2)(a) and in compliance with requirements for lawful consent in accordance with Article 7 of Regulation (EU) 2016/679. In accordance with Regulation (EU) 2016/679, scientific research purposes can be supported by consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research or only to certain areas of research or parts of research projects. Article 5(1)(b) of Regulation (EU) 2016/679 specifies that further processing for scientific or historical research purposes or statistical purposes should, in accordance with Article 89(1) of Regulation (EU) 2016/679, not be considered to be incompatible with the initial purposes. For non-personal data the usage limitations should be found in the permission given by the data holder. Amendment 243 # Marisa MATIAS Proposal for a regulation Recital 38 (38) Data Altruism Organisations recognised in the Union should be able to collect relevant data directly from natural and legal persons established in the Union or to process data collected by others. Typically, data altruism would rely on consent of data subjects in the sense of Article 6(1)(a) and 9(2)(a) and in compliance with requirements for lawful consent in accordance with Article 7 of Regulation (EU) 2016/679. In accordance with Regulation (EU) 2016/679, scientific research purposes can be supported by consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research or only to certain areas of research or parts of research projects. Article 5(1)(b) of Regulation (EU) 2016/679 specifies that further processing for scientific or historical research purposes or statistical purposes should, in accordance with Article 89(1) of Regulation (EU) 2016/679, not be considered to be incompatible with the initial purposes. Amendment 244 # Dace MELBĀRDE Proposal for a regulation Recital 39 (39) To promote trust and bring additional legal certainty to granting and withdrawing of consent, in particular in the context of scientific research and statistical use of data made available on an altruistic basis, a European data altruism consent form should be developed and used in the context of altruistic data sharing. Such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. It could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data. In order to take into account the specificities of individual sectors, including from a data protection perspective, there should be a possibility for sectoral adjustments of the European data altruism consent form. Amendment 245 # Damian BOESELAGER Proposal for a regulation Recital 39 (39) To bring additional legal certainty to granting and withdrawing of consent, in particular in the context of scientific research and statistical use of data made available on ~~an altruistic basis~~the basis of voluntary data sharing in the public interest, a European data altruism consent form should be developed and used in the context of ~~altruistic~~voluntary data sharing in the public interest. Such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. It cshould also ~~be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data~~facilitate the granting and withdrawing of consent. In order to take into account the specificities of individual sectors, including from a data protection perspective, there should be a possibility for sectoral adjustments of the European data altruism consent form. Amendment 246 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 39 a (new) (39 a) As highlighted in Recitals, the European data strategy is building upon the emergence of interoperable data spaces that will enable the use and sharing of data, irrespective of its physical location of storage being in the Union or not, in compliance with applicable law. For these data spaces to be able to emerge in a coordinated manner respecting the common aim of data strategy, it is important to define common design principles. Common building blocks and soft infrastructure make cross-sectorial data sharing easier, while there should always be a room for domain specific solutions. The aim of the data space would be to make data findable, accessible, interoperable and reusable (FAIR). The dataspaces should follow at least the three following principles: 1) “data sovereignty”, 2) data level playing field, 3) decentralised soft infrastructure and public-private governance. Data sovereignty for natural person or organisation is the innovative and transformative concept underlying the data space. When the data level playing field exists, players compete on quality of services, and not on the amount of data they control. A data level playing field is a pivotal condition to create a fair data sharing economy. For the design, creation and maintenance of the data level playing field, a sound governance is needed in which all the all the stakeholders of a data space need to feel represented and engaged. The dataspaces should also include sufficient rules on cybersecurity according to union law. Amendment 247 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established~~, in the form of an expert group~~. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics). The European Data Protection Board and the European Data Protection should be invited to appoint a representative to the European Data Innovation Board as well as representative of data space support center and standardisation organisations. Stakeholders, civil society organisations and relevant third parties, including SME representative and social partners, shall be invited to attend meetings of the Board and to participate in its work, where relevant. The Commission must ensure that small and medium-sized entities, as well as start-ups, are adequately represented in the Board, to ensure that these critical members of our economic community benefit directly from expert knowledge, whilst contributing towards the expansion of the European data economy and a more efficient dissemination of data. Amendment 248 # Damian BOESELAGER Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), as well as representatives of academia, research and standard setting organisations. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. The Board shall establish a Data Innovation Advisory Council (the “Advisory Council”). The Advisory Council shall be proportionally composed of a number between 15 to 30 representatives from industry including SMEs, research, civils society, standardisation organisations and other relevant stakeholders or third parties appointed by the Board. The Advisory Council shall nominate a representative to attend meetings of the Board and to participate in its work. Amendment 249 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Georgios KYRTSOS, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. A data innovation advisory council should be established as a sub-group of the Board consisting of relevant representatives from industry, research, standardisation organisations and other relevant stakeholders. That council should support the work of the Board by providing advice relating to the exchange of data, and in particular on how to best protect commercially sensitive data of non-personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. Amendment 250 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission ~~and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics)~~, the EU SME Envoy or a representative appointed by the network of SME envoys and representatives of relevant Agencies. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Representatives of national, trans-national or Common European data spaces, businesses, researchers and civil society should be invited regularly to participate in the work of the Board. The Board should meet in different configurations, depending on the subjects to be discussed. Amendment 251 # Cyrus ENGERER Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established~~, in the form of an expert group~~. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), while ensuring gender balance. The European Data Protection Board and the European Data Protection should be invited to appoint a representative to the European Data Innovation Board as well as representative of dataspace support center and standardisation organisations. Amendment 252 # Angelika NIEBLER, Jerzy BUZEK, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics) as well as representatives of academia, research and standard setting organisations, where relevant. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Amendment 253 # Dace MELBĀRDE Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, ~~transport and statistics)~~media, cultural and creative sectors, transport and statistics) as well as other relevant stakeholders. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Amendment 254 # Marisa MATIAS Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board shcould be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission, European social partners, and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), including civil society organisations. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Amendment 255 # Angelika NIEBLER, Eva MAYDELL, Tom BERENDSEN, Dan-Ştefan MOTREANU, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 40 (40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, energy, industrial manufacturing, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Amendment 256 # Cyrus ENGERER Proposal for a regulation Recital 40 a (new) (40 a) The Commission must ensure that small and medium-sized entities, as well as start-ups, are adequately represented in the Board, to ensure that these critical members of our economic community benefit directly from expert knowledge, whilst contributing towards the expansion of the European data economy and a more efficient dissemination of data. Amendment 257 # Eva KAILI Proposal for a regulation Recital 41 (41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of standards and specifications (such as the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should maintain a registry of applications and use cases of data sharing schemes across the EU, to demonstrate the value of such mechanisms and enable the establishment of a coordinated framework for the exchange of knowledge and best practices. In doing so, the Board can leverage that knowledge to advise the Commission on improving the funding of use cases through funding programmes such as Horizon Europe or the Digital Europe Programme. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef Amendment 258 # Damian BOESELAGER Proposal for a regulation Recital 41 (41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of standards and specifications (such as the Core Vocabularies44 and the CEF Building Blocks45 ), ~~without prejudice to~~and take into account standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised ~~without making recourse to an intermediary~~, in particular in clarifying and distinguishing which standards and practices are cross-sectoral and which are sectoral. The Board should assist and advise the EU institutions and the emerging data spaces, including on financial assistance through European programmes such as the Digital Europe Programme. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross-sectoral organisations dealing with re-use of data. Regarding ~~data altruism~~voluntary data sharing in the public interest, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef Amendment 259 # Pietro FIOCCHI Proposal for a regulation Recital 41 (41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of standards and specifications (such as the ~~Core Vocabularie~~Building Blocks44 and the C~~EF Building Block~~ore Vocabularies45), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. ~~_________________ 44 https://joinup.ec.europa.eu/collection/sem antic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/con necting-europe-facility-cef~~It should also assist the Commission in formulating policies and strategies designed to avoid any instances of data manipulation or creation of 'false data' that could cause serious damage to various sectors. Amendment 260 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 41 (41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of standards and specifications (such as the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. Moreover, it should assist the Commission in defining policies and strategies with the aim of avoiding any cases of data manipulation and the creation of "false data", which could cause serious damage to various sectors. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef Amendment 261 # Marisa MATIAS Proposal for a regulation Recital 41 (41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of open standards and specifications (such as the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the ~~Board should assist the Commission in the~~European Data Protection Board (EDPB) should develop~~ment of~~ the data altruism consent form, in consultation with the ~~European Data Protection~~Commission and the Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef Amendment 262 # Angelika NIEBLER, Eva MAYDELL, Tom BERENDSEN, Dan-Ştefan MOTREANU, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Recital 41 (41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of European and international standards and specifications (~~such as~~including through the EU Multi-Stakeholder Platform for ICT Standardisation, the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with the Data Innovation Advisory Council, sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef Amendment 263 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 41 (41) The main task of the Board should be assisting to form the interoperability between emerging data spaces. The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of standards and specifications (such as the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef Amendment 264 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 41 a (new) (41 a) Data innovation board should address not only strategic level, but also the tactical and operational level across the different actors in data economy acting in the Union. This means, for example, the coordination of activities that need to follow the strategic directives regarding aspects such as data space interoperability/federation, interoperability of data intermediaries and data sovereignty. To meet the requirements of scale and the market demands, it is imperative that the industry is involved so that it is turned into a true public/private endeavour. To achieve this, the data innovation board shall establish a permanent subgroup called the Data Exchange Board (“the DEB”) in the form of an expert group. It will consist of actors that have a direct interest in the establishment, governance and adoption of a standardised approach to data sharing and exchange with the help of European data spaces. Those actors should be researchers, practitioners, representatives of consumer associations and public and private initiatives for data sharing and exchange. The DEB will be responsible for detailing, maintaining and adopting the agreements that will ultimately define the soft infrastructure. In practical terms, the DEB will execute at a tactical and operational level the goals set by the DIB at the strategic level. These actors should be researchers, practitioners, and public and private initiatives for data sharing and exchange. In a later phase, the DEP should focus on maintaining the soft infrastructure and keeping it up to date (change management). Amendment 265 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 41 a (new) (41 a) With reference to 'false data', the Board could evaluate the possibility of creating a "data passport" containing certified or certifiable data, in order to exclude any attempt to falsify the data. Amendment 266 # Damian BOESELAGER Proposal for a regulation Recital 42 (42) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to develop the European data altruism consent form. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council46 . _________________ 46Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13).deleted Amendment 267 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD Proposal for a regulation Recital 43 (43) In order to take account of the specific nature of certain categories of data, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down special conditions applicable for transfers to third-countries of certain non-personal data categories deemed to be highly sensitive in specific Union acts adopted though a legislative procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted Amendment 268 # Dace MELBĀRDE Proposal for a regulation Recital 43 (43) In order to take account of the specific nature of certain categories of data, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down special conditions applicable for transfers to third-countries of certain non-personal data categories deemed to be highly sensitive in specific Union acts adopted though a legislative procedure. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted Amendment 269 # Marisa MATIAS Proposal for a regulation Recital 43 (43) In order to take account of the ~~specific nature of certain categories of data, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down special conditions applicable for~~principle of strategic autonomy of the Union, the transfers to third-countries of ~~certain~~ non- personal ~~data categories deemed to be highly sensitive in specific Union acts adopted though a legislative procedure~~and personal data is forbidden. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Amendment 270 # Marisa MATIAS Proposal for a regulation Recital 44 (44) This Regulation should not affect the application of the rules on competition, and in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union. TUnless for general interest, the measures provided for in this Regulation should not be used to restrict competition and GDPR in a manner contrary to the Treaty on the Functioning of the European Union. This concerns in particular the rules on the exchange of competitively sensitive information between actual or potential competitors through data sharing services. Amendment 271 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Recital 44 a (new) (44 a) This Regulation shall be enacted in full coherence and consistency with other existing EU legislation, such as the General Data Protection Regulation, as well as ongoing proposals which contain provision on data processing, such as the Digital Service Act (DSA), the Digital Market Act (DMA) or the e-Privacy Regulation. Amendment 272 # Marisa MATIAS Proposal for a regulation Recital 45 a (new) (45 a) The European Data Protection Supervisor and the European Data Protection Board have expressed serious concerns in their Joint opinion from 10th March 2021, underlying that the proposal “does not duly take into account the need to ensure and guarantee the level of protection of personal data provided under EU law” and “raises serious concerns from a fundamental rights viewpoint”. Following this opinion, the institutions committed to reinforce disposition in the Regulation to protect GDPR enforcement. Amendment 273 # Miapetra KUMPULA-NATRI Proposal for a regulation Recital 46 (46) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter, including the right to privacy, the protection of personal data, the freedom to conduct a business, the right to property and the integration of persons with disabilities, . The European Charter of Fundamental Rights provides rights and freedoms for citizens in the European Union under the realms of dignity, freedoms, equality, solidarity, citizens' rights, and justice. The Charter calls on institutions, bodies, offices and agencies of the Union and the Member States when they are implementing Union law to respect the rights, observe the principles and promote their application, in particular the right to respect private and family life, home and communications, protection of personal data protection and transparent administration. The European Charter of Fundamental Rights should serve as the compass for every action deployed from the Data Governance Act. Amendment 274 # Marisa MATIAS Proposal for a regulation Recital 46 (46) This Regulation respects the fundamental rights and observes the principles recognised in particular by the ~~Charter~~European Charter of Fundamental Rights, including the right to privacy, the protection of personal data, the freedom to conduct a business, the right to property and the integration of persons with disabilities, Amendment 275 # Marisa MATIAS Proposal for a regulation Recital 46 a (new) (46 a) In the event of any doubt over the interpretation of the provisions of this Regulation or any contradiction or conflict relating to personal data protection, the provisions of the General Data Protection Regulation shall take precedence. Amendment 276 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 1 – paragraph 1 – point a a (new) (a a) rules regarding the right of natural persons and organisations to deal with data they generate in a data. Amendment 277 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 1 – paragraph 1 – point a b (new) (a b) the governance structure for a soft infrastructure that will evolve over time, enabling data sovereign data sharing. Amendment 278 # Damian BOESELAGER Proposal for a regulation Article 1 – paragraph 1 – point c (c) a framework for ~~voluntary registr~~authorisation of entities which collect and process data made available for ~~altruistic purposes.~~the purposes of voluntary data sharing in the public interest; Amendment 279 # Damian BOESELAGER Proposal for a regulation Article 1 – paragraph 1 – point c a (new) (c a) a framework for the establishment of a European Data Innovation Board. Amendment 280 # Marisa MATIAS Proposal for a regulation Article 1 – paragraph 2 (2) This Regulation is without prejudice to specific provisions in other Union legal acts regarding access to or re- use of certain categories of data, or requirements related to processing of personal or non-personal data. 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 shall also apply. The Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) applies to any form of further use of data. In this respect, sensitive personal data shall not be re-used for security reasons. Amendment 281 # Dace MELBĀRDE Proposal for a regulation Article 1 – paragraph 2 (2) This Regulation is without prejudice to specific provisions in other Union legal acts regarding access to or re- use of certain categories of data, or requirements related to processing of personal or non-personal data. 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 shall also apply. Any additional requirements shall be non-discriminatory, proportionate and objectively justified. Amendment 282 # François-Xavier BELLAMY Proposal for a regulation Article 1 – paragraph 2 (2) This Regulation is without prejudice to specific provisions in other Union legal acts regarding access to or re- use of certain categories of data, or requirements related to processing of personal or non-personal data. 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, or where there is a concern regarding the strategic autonomy of the Union, those provisions of that sector-specific Union legal act shall also apply. Amendment 283 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 1 – paragraph 2 (2) This Regulation is without prejudice to specific provisions in other Union legal acts or national laws regarding access to or re- use of certain categories of data, or requirements related to processing of personal or non-personal data. Where a sector-specific Union legal act or national law 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 or national law shall also apply. Amendment 284 # Angelika NIEBLER, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, François-Xavier BELLAMY, Seán KELLY, Maria da Graça CARVALHO, Othmar KARAS, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 1 – paragraph 2 a (new) (2 a) This Regulation is without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council, to Directive 2002/58/EC of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council1a. This Regulation should in particular not be read as creating a new legal basis for the processing of personal data for any of the regulated activities. Its implementation should not prevent cross- border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place. _________________ 1aDirective (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) Amendment 285 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 1 – paragraph 2 a (new) (2 a) Provisions regarding the protection, processing, use and free movement of personal data, are subject to Regulation (EU) 2016/679 and Directive 2002/58/EC. Where personal and non- personal data in a data set are inextricably linked, this Regulation shall not prejudice the application of Regulation (EU) 2016/679.[1] This Regulation does not create legal basis for the processing of personal data outside of the provisions already laid in Regulation(EU) 2016/679 and Directive 2002/58/EC. Amendment 286 # Damian BOESELAGER Proposal for a regulation Article 1 – paragraph 2 a (new) (2 a) Union law on the protection of personal data shall apply to any personal data processed in connection with this Regulation. In particular, this Regulation shall be without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC. In the event of conflict between the provisions of this Regulation and Union law on the protection of personal data, the latter prevails. This Regulation does not create a legal basis for the processing of personal data. Amendment 287 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 1 – paragraph 2 a (new) (2 a) This Regulation should not affect the level of protection of individual with regard to the processing of personal data under the provisions of Union and national law and does not alter any obligations and rights set out in the data protection legislation. Amendment 288 # Marisa MATIAS Proposal for a regulation Article 1 – paragraph 2 a (new) (2 a) The re-use of employee data shall be prohibited. To this end, it must be ensured that public service data do not contain employee data, such as in the area of mobility. The full respect of Article 88 of GDPR must be upheld. Amendment 289 # Marisa MATIAS Proposal for a regulation Article 1 a (new) Article 1 a This Regulation leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of Union and national law. The Regulation does not alter any obligations and rights set out in the data protection legislation. Amendment 290 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘data’ means any digital and non- digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording; Amendment 291 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) (1 a) ’Data Sovereignty’ means the capability of an individual or an organisation to have control over their personal and business data. This entails that they should be able to know which party holds which data, under what conditions (purpose, duration, reward) and where data is kept. They should also be able to re-use the data at other places. Amendment 292 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) (1 a) 'highly sensitive data' means data protected by IP, trade secret, and non- personal data whose disclosure to third country authorities may pose threats to national and public security; Amendment 293 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 1 b (new) (1 b) ’Soft Infrastructure’ means the set of functional, legal, technical and operational agreements which will support decentralised data sharing. A soft infrastructure is invisible, made up of technology neutral agreements and standards, on how to participate in an ecosystem. As all participants implement the same minimal set of functional, legal, technical and operational agreements and standards, they can interact in the same manner independent of the sector or domain. Amendment 294 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘re-use’ means the use by natural or legal persons of data held by public sector bodies established in the Union, for commercial or non-commercial purposes other than the initial purpose within the public task for which the data were produced, except for the exchange of data between public sector bodies purely in pursuit of their public tasks; Amendment 295 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘re-use’ means the use by natural persons or legal ~~person~~entities of data held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the data were produced, except for the exchange of data between public sector bodies purely in pursuit of their public tasks; Amendment 296 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) (2 a) ‘data sharing service provider’ means a provider of a commercial service, which, through the provision of technical, legal and other services establishes relationships between an undefined number of data subjects and data holders, on the one hand and data users on the other hand, for the exchange, pooling or trade of data; Amendment 297 # Dace MELBĀRDE Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) (2 a) 'data intermediary' means a provider of a service which through the provision of technical, legal and other means establishes relation with data holders, including data subjects and an indefinite number of potential data users, and which assists both parties in a transaction of data assets between the two. Amendment 298 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) (2 a) ‘personal data’ means any information relating to a data subject as defined in point (1) of Article 4 of Regulation (EU) 2016/679; Amendment 299 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 2 – paragraph 1 – point 2 b (new) (2 b) 'data subject' means an identified or identifiable natural person as referred to in point (1) of Article 4 of Regulation (EU) 2016/679; Amendment 300 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) (3 a) ‘consent’ of the data subject means any freely given, specific, informed, clear and unambiguous indication of the data subject's wishes by which data holders, by a legal statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them; Amendment 301 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 3 b (new) (3 b) 'data subject' means an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; Amendment 302 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘'metadata’' means ~~data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service, including the date , time and geolocation data, duration of activity, connec~~basic information about data, including the description of data and information about data properties, locations, t~~o other natural or legal persons established by the person who uses the service~~ime, context or purpose of data collection; Amendment 303 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 4 (4) ‘metadata’ means non personal or anonymised data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service, including the date , time and geolocation data, duration of activity, connections to other natural or legal persons established by the person who uses the service; Amendment 304 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘data rights holder’ [this to be valid in whole text] means; a ~~legal person or data subject who, in accordance with applicable Union or national law,~~) in the case of personal data, a data subject or a controller [who has an appropriate legal basis to grant access to or to transfer personal data under her control] b) in the case of non-personal data, a natural or legal person who has the right to grant access to or to ~~share certain personal o~~transfer non- personal data under its control;. Amendment 305 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘data holder’ means a legal entity, natural person or, data subject, public body or international organisation, who, in accordance with applicable Union or national law, has the right to grant access to or to share certain personal or non- personal data under its control; Amendment 306 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘data holder’ means a ~~legal person or~~ data subject who, in accordance with applicable Union or national law, has the right to grant access to or to share certain personal or non-personal data under its control; Amendment 307 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) (5 a) ‘Data source’ means: a) in the context of personal data, a processor b) in the context of non-personal data, a natural or legal person who processes the non-personal data on behalf of the data holder. Amendment 308 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘data user’ means a natural ~~or legal person~~person, legal entity or public body who has lawful access to certain personal or non-personal data and is authorised to use that data for commercial or non-commercial purposes; in accordance with applicable Union or national law a data processor can also have the role of data user. Amendment 309 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘data user’ means: a ~~natural or legal person who has lawful access to certain personal~~) in the case of personal data, a recipient that is a natural or legal person b) in the case orf non-personal data ~~and is authorised to use that data for commercial or non-commercial purposes;~~, natural or legal person who receives non- personal data. Amendment 310 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) (6 a) ‘consent’ of the data subject, as defined in Article 4(11) of Regulation (EU) 216/679, means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. Amendment 311 # Dace MELBĀRDE Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) (6 a) 'data re-user' is a natural or legal person who re-uses data as defined in point (2) of this Article; Amendment 312 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary;. Insofar as personal data are concerned, their processing must always be based on an adequate legal basis under Article 6 of the GDPR. Amendment 313 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary; and operationalised through data exchange between the parties engaged. Amendment 314 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘data sharing~~’ means the provision by a data holder of data to a data user f~~ service’ means a service, which intermediates between an indefinite number of potential data holders and potential data users by making available technical, legal, or othe ~~purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary~~r means to enable or facilitate the exchange, pooling or licensing of data between data holders and data users; Amendment 315 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘data ~~shari~~exchange’ means ~~the provision~~and encompasses all the activities performed by athe data holder of, the data ~~to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary;~~ user and the data sharing service provider, for the purpose of exchanging data, under open data or commercial licenses, for free or against remuneration. Amendment 316 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7 a) ‘Intermediation service’ means service which establishes relationships between data holders or data sources and data users for the exchange, pooling or trade of personal or non-personal data through a) the provision of technical, legal and other means to enable such services and b) facilitating the exercise of data holders’ rights with their consent that can be revoked irrespective of whether they process the personal or non-personal data or not. The following data-sharing services shall, inter alia, not be considered to be data intermediaries for the purposes of this Regulation: (i) data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things with the mainobjective of ensuring functionalities of the connected object or device and allow value added services; (ii) consolidated tape providers as defined in point (53) of Article 4(1) of Directive 2014/65/EU and account information service providers as defined in point 19 of Article 4of Directive(EU) 2015/2366 Amendment 317 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7 a) ‘data intermediary’ means an undertaking, or related commercial entity, which provides data sharing services to intermediate between an indefinite number of potential data holders and potential data users by making available technical, legal, or other means to enable or facilitate the exchange, pooling or licensing of data between data holders and data users; Amendment 318 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7 a) ‘data exchange’ means and encompasses all the activities performed by the data holder, the data user and the data sharing service provider, for the purpose of exchanging data, under open data or commercial licenses, for free or against remuneration. Amendment 319 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 7 b (new) (7 b) 'data cooperative' means an organisation or service, which: (a) supports members, who are data subjects, to exercise the rights provided in Regulation (EU) 2016/679, by offering services including, but not limited to, collectively negotiating terms and conditions for data processing, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would represent their interest, or; (b) enables small and medium-sized enterprises, not-for-profit or academic institutions to collectively negotiate terms for sharing non-personal data. Amendment 320 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘access’ means processing by a data user of data established in the Union that has been provided by a data holder, in accordance with specific technical, legal, or organisational requirements, without necessarily implying the transmission or downloading of such data; Amendment 321 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) (8 a) ‘processing’ means any operation or set of operations which is performed on data or on sets of data in electronic format, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; Amendment 322 # Damian BOESELAGER Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non-personal data without seeking a reward, for purposes of general interest, such as scientific research purposes or improving public services;deleted Amendment 323 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘data altruism’ means ~~the consent by data subjects to~~: an extraordinary and voluntary individual act of donation. It need to be carried out under the GDPR provisions and ensure the explicit, unambiguous and clear consent of data subjects to guarantee that data subjects are clearly informed, that their consent is freely given and easy to withdrawal any time. Data altruims can be used to share and process personal data pertaining to ~~them~~data subjects, or permissions of other data holders to allow the use of their non- personal data without seeking a reward, ~~for~~including a financial reward. Data altruism can only be carried out for two purposes of: for general public interest, such as scientific research purposes or improving public services; for the benefit of the general public. Data altruism should be carried out only within the European Economic Area. Data altruism should not be used asa mean to accumulate power over data and should not be subject to marketing or to commercial practices. Amendment 324 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking a reward, for purposes of general interest, such as the Green Deal and Paris Agreement, via scientific research purposes or improving public services and services of general interest ; Amendment 325 # Dace MELBĀRDE Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking a ~~reward~~profit, for purposes of general interest defined, where applicable, in accordance with the national legislation, such as scientific research purposes or improving public services; Amendment 326 # Angelika NIEBLER, Eva MAYDELL, Tom BERENDSEN, Dan-Ştefan MOTREANU, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, François-Xavier BELLAMY, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘data altruism’ means ~~the consent~~voluntary sharing of data by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking or receiving a reward, for purposes of general interest, such as scientific research purposes, policy making or improving public services; Amendment 327 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non- personal data without seeking a ~~reward~~profit, for purposes of general interest, such as scientific research purposes or improving public services; Amendment 328 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) (10 a) ‘Consent’ means, as provided by the GDPR, consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. A data subject has the right to withdraw consent at any time. The processing of personal data shall be lawful only if and to the extent that at least one of the legal basis under Article 6(1) of the GDPR applies. Amendment 329 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) (10 a) 'data cooperative' means an organisation supporting its members, who are data subjects or one-person companies, micro, small and medium- sized enterprises, in making informed choices before consenting to data processing, or in negotiating terms and conditions for data processing and data sharing; Amendment 330 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 10 b (new) (10 b) ‘General interest’ means the best interest of the community as a whole in the pursuit of common good and core objectives and values of the Union, supported and limited by citizens' rights and guarantees enshrined in the Treaties and other European or international legislation such as the Green Deal or Paris Agreement; Amendment 331 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 2 – paragraph 1 – point 10 b (new) (10 b) 'purposes of general interest' means purposes established by national law and national competent authorities including and not limited to healthcare, official statistics, improving the provision of public services, supporting research; Amendment 332 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 12 – point a (a) they are established for the specific purpose of meeting needs in the ~~general~~public interest, and do not have an industrial or commercial character; Amendment 333 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms. A ‘secure processing environment’ should also be understood as protection against threats. Amendment 334 # Sara SKYTTEDAL Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘secure processing environment’ means the physical or virtual environment and organisational means to uphold data confidentiality, integrity and availability and to provide the opportunity to re-use data in a manner that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms. Amendment 335 # Marisa MATIAS Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner that allows for the operator of the secure processing environment to determine and supervise all data processing actions within the Union, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms as well as protection against cyber-attacks. Amendment 336 # Angelika NIEBLER, Eva MAYDELL, Tom BERENDSEN, Dan-Ştefan MOTREANU, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, François-Xavier BELLAMY, Seán KELLY, Maria da Graça CARVALHO, Othmar KARAS, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner ensuring compliance with applicable legislation that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms. Amendment 337 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) ‘representative’ means any natural or legal person established in the Union explicitly designated to act on behalf of a provider of data sharing services or an entity that collects data for objectives of ~~general~~public interest made available by natural or legal persons on the basis of data altruism not established in the Union, which may be addressed by a national competent authority instead of the provider of data sharing services or entity with regard to the obligations of that provider of data sharing services or entity set up by this Regulation. Amendment 338 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 2 – paragraph 1 – point 15 a (new) (15 a) 'data sovereignty' means a form of management of the cyber space that provides for the possession by the Member State of the networks and data transmitted through them. Amendment 339 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 2 – paragraph 1 a (new) ‘Data space’ means a logically defined entity, in which all the participants follow jointly agreed principles and framework of sharing of data. Data space refers to the integration of and interaction between different actors including data rights holders, data sources, data intermediaries and data users, that are involved in, or affected by, related data access and sharing arrangements, according to their different roles, responsibilities and rights, technologies and business models. The aim of a data space is to create interoperability and trust for a data transfer and a seamless digital area with the scale that will enable the development of new products and services based on data. Amendment 340 # Damian BOESELAGER Proposal for a regulation Article 3 – paragraph 1 – introductory part (1) This Chapter applies, without prejudice to the legal regime of open data set by the Directive on open data and the re-use of public sector information (Directive (EU) 2019/1024), to other categories of data held by public sector bodies and public undertakings to data held by public sector bodies which are protected on grounds of: Amendment 341 # Marisa MATIAS Proposal for a regulation Article 3 – paragraph 1 – point d ~~(d) protection of personal data.~~deleted Amendment 342 # Damian BOESELAGER Proposal for a regulation Article 3 – paragraph 2 – point a ~~(a) data held by public undertakings;~~deleted Amendment 343 # Damian BOESELAGER Proposal for a regulation Article 3 – paragraph 2 – point c (c) data held by cultural establishments and educational establishments when protected by fundamental rights provisions or third party intellectual property rights; Amendment 344 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 3 – paragraph 2 – point c (c) data held by cultural establishments protected by intellectual property rights of third and educational establishments; Amendment 345 # Marisa MATIAS Proposal for a regulation Article 3 – paragraph 2 – point e a (new) (e a) (f) data processed in the context of employment. Amendment 346 # Marisa MATIAS Proposal for a regulation Article 3 – paragraph 2 a (new) (2 a) personal data Amendment 347 # Damian BOESELAGER Proposal for a regulation Article 3 – paragraph 3 (3) The provisions of this Chapter do not create any obligation on public sector bodies to allow re-use of data beyond the Open Data Directive nor do they release public sector bodies from their confidentiality obligations, but sets a framework for such reuse when data is made available. This Chapter is without prejudice to Union and national law or international agreements to which the Union or Member States are parties on the protection of categories of data provided in paragraph 1. This Chapter is without prejudice to Union and national law on access to documents and to obligations of public sector bodies under Union and national law to allow the re-use of data. Amendment 348 # Ivo HRISTOV Proposal for a regulation Article 3 – paragraph 3 (3) The provisions of this Chapter do not create any obligation on public sector bodies to allow re-use of data nor do they release public sector bodies from their confidentiality obligations. This Chapter is without prejudice to Union and national law or international agreements to which the Union or Member States are parties on the protection of categories of data provided in paragraph 1. This Chapter is without prejudice to Union and national law on access to documents, in particular with regard to register data, and to obligations of public sector bodies under Union and national law to allow the re-use of data. Amendment 349 # Damian BOESELAGER Proposal for a regulation Article 4 – paragraph 2 (2) By way of derogation from paragraph 1, an exclusive right to re-use data referred to in that paragraph may be granted for a limited duration and to the extent necessary for the provision of a service or a product in the ~~general interest~~public interest that would have otherwise not be possible without such derogation. Amendment 350 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 4 – paragraph 2 (2) By way of derogation from paragraph 1, an exclusive right to re-use data referred to in that paragraph may be granted to the extent necessary for the provision of a service or a product in the ~~general~~public interest. Amendment 351 # Damian BOESELAGER Proposal for a regulation 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~~. Amendment 352 # Damian BOESELAGER (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.deleted Amendment 353 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 4 – paragraph 4 (4) In all cases not covered by paragraph 3 and where the ~~general~~public 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. Amendment 354 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 4 – paragraph 5 (5) The period of exclusivity of the right to re-use data shall not exceed ~~three years~~12 months with the possibility of a further 12-month extension, subject to approval by the competent body referred to in Article 7(1). Where a contract is concluded, the duration of the contract awarded shall be as aligned with the period of exclusivity. Amendment 355 # Damian BOESELAGER Proposal for a regulation Article 4 – paragraph 5 (5) The period of exclusivity of the right to re-use data shall not exceed ~~three years~~six months, and shall be subject to approval by the competent authority referred to in Article 7(1). Where a contract is concluded, the duration of the contract awarded shall be as aligned with the period of exclusivity. Amendment 356 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 4 – paragraph 5 (5) The period of exclusivity of the right to re-use data shall not exceed t~~hree years~~wo years, subject to approval by the competent body referred to in Article 7(1). Where a contract is concluded, the duration of the contract awarded shall be as aligned with the period of exclusivity. Amendment 357 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 4 – paragraph 6 (6) The award of an exclusive right pursuant to paragraphs (2) to (5), including the reasons why it is necessary to grant such a right, shall be transparent and be made publicly available online two months before entry into force, regardless of a possible publication of an award of a public procurement and concessions contract. Amendment 358 # Damian BOESELAGER Proposal for a regulation Article 4 – paragraph 6 (6) The decision to award of an exclusive right pursuant to paragraphs (2) to (5), including the reasons why it is necessary to grant such a right, shall be transparent and be made publicly available online, regardless of a possible publication of an award of a public procurement and concessions contract. Amendment 359 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 4 – paragraph 7 a (new) (7 a) (7a) Where an exclusive right to re-use data does not meet the conditions set out in paragraphs 2, 3 and 4, the exclusive right shall be void. Amendment 360 # Damian BOESELAGER Proposal for a regulation Article 4 – paragraph 7 a (new) (7 a) Where an exclusive right to re-use data does not meet the conditions set out in paragraphs 2, 3 and 4, the exclusive right shall be void. Amendment 361 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 5 – paragraph 1 ~~(1)~~ Public sector bodies which are ~~(1)~~ competent under national law to grant or refuse access for the re-use of one or more of the categories of data referred to in Article 3 (1) shall make publicly available the conditions for allowing such re-use and the procedure to request the re-use. In that task, they may be assisted by the competent bodies referred to in Article 7 (1). Amendment 362 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 5 – paragraph 1 (1) Public sector bodies which are competent under national law to grant or refuse access for the re-use and the process to request such re-use of one or more of the categories of data referred to in Article 3 (1) shall make publicly available the conditions for allowing such re-use. In that task, they may be assisted by the competent bodies referred to in Article 7 (1). Amendment 363 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 2 (2) Conditions for re-use shall be non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be constructed in a way to pose restrictions to participate for SMEs, start-ups or civil society actors or otherwise be used to restrict competition. Amendment 364 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 5 – paragraph 2 (2) Conditions for re-use shall be non- discriminatory, lawful, transparent, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrict competition. Amendment 365 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 2 (2) Conditions for re-use shall be lawful, transparent, non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. ~~These conditions shall not be used to restrict competition.~~ Amendment 366 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 5 – paragraph 2 (2) Conditions for re-use shall be non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall ~~not be used to restrict~~be in line with competition law. Amendment 367 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 3 (3) Public sector bodies ~~may~~shall impose an obligation to re-use only pre-processed ~~data where such p~~non-personal data and that data containing trade secrets are- process~~ing aims to anonymize or pseudonymise personal data or delete commercially confidential information, including trade secrets~~ed accordingly. It must be ensured that companies do not have direct access to protected data and that, as a consequence, anonymisation or pseudonymisation cannot be carried out by them. Amendment 368 # Ivo HRISTOV Proposal for a regulation Article 5 – paragraph 3 (3) Public sector bodies may impose an obligation to re-use only pre-processed data where such pre-processing aims to anonymize or pseudonymise personal data or delete commercially confidential information, including trade secrets. In the area of research, it must be ensured that the results of data processing remain traceable and reproducible even after anonymisation has taken place. Amendment 369 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 3 (3) Public sector bodies ~~may impose an obligation to re-use only pre-proces~~shall only grant access to re-used data, where ~~such pre-processing aims to~~any personal data is effectively anonymizesed or pseudonymise ~~personal data or delete~~d and commercially confidential information, including trade secrets is effectively removed from the data unless the scope of processing is inextricably linked to the personal or confidential character of the data. Amendment 370 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 5 – paragraph 3 (3) Public sector bodies may impose an obligation to re-use only pre-viously processed data where such pre-processing, performed by the public sector itself, aims to anonymize or pseudonymise personal data or delete commercially confidential information, including trade secrets. or content protected by Intellectual Property Rights; Amendment 371 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 5 – paragraph 3 (3) Public sector bodies may impose an obligation to re-use only pre-processed data where such pre-processing aims to anonymize ~~or pseudonymise~~ personal data or delete commercially confidential information, including trade secrets. Amendment 372 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 4 – introductory part (4) Public sector bodies ~~may~~shall impose obligations in all circumstances to both Amendment 373 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 4 – introductory part (4) Public sector bodies may also impose ~~obliga~~conditions Amendment 374 # Ivo HRISTOV Proposal for a regulation Article 5 – paragraph 4 – point a (a) to access and re-use the data within a secure processing environment, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data, provided and controlled by the public sector ; Amendment 375 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 4 – point a (a) to access and re-use the data within a secure processing environment provided and controlled by the public sector within the Union ; Amendment 376 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 4 – point a (a) to access and re-use the data within a remote secure processing environment provided and controlled by the public sector ; Amendment 377 # Dace MELBĀRDE Proposal for a regulation Article 5 – paragraph 4 – point a (a) to access and re-use the data within a remote secure processing environment provided and controlled by the public sector ; Amendment 378 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI Proposal for a regulation Article 5 – paragraph 4 – point a (a) to access and re-use the data within a remote secure processing environment provided and controlled by the public sector ; Amendment 379 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Othmar KARAS, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 5 – paragraph 4 – point a (a) to access and re-use the data within a secure processing environment provided ~~and~~or controlled by the public sector ; Amendment 380 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 4 – point b (b) to access and re-use the data within the physical premises in which the secure processing environment is located, i~~f remote access cannot be allowed without jeopardising the rights and interests of third parties~~n accordance with high security standards to be established and continuously monitored. Amendment 381 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 4 – point b a (new) (b a) (c) to consult DPAs and/or the European Data Protection Board (EDPB) to guarantee anonymisation or pseudonymise personal data. Amendment 382 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 5 (5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall ~~be able to verify~~reserve the right to verify the process, the means and any results of processing of data undertaken by the re- user to preserve the integrity of the protection of the data and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. The public sector body shall make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. Amendment 383 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 5 (5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. To this end, the public sector bodies shall be equipped with the necessary human and financial resources for monitoring and law enforcement. Amendment 384 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 5 – paragraph 5 (5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising th~~e rights and interests of third partie~~ird parties' IP rights, trade secrets or commercially sensitive information. Re-users may challenge such decisions and request additional verifications. Amendment 385 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 5 – paragraph 5 (5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right, after giving the re-user the possibility to provide further information, to prohibit the use of results that contain information jeopardising the rights and interests of third parties. Amendment 386 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 5 – paragraph 5 (5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used, including high level cybersecurity standards. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. Amendment 387 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 5 – paragraph 5 (5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify the means and any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. Amendment 388 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 5 – paragraph 5 a (new) (5 a) A public sector body shall only make commercially confidential data available for re-use if it is able to do so in a manner which protects the legitimate commercial interests of third parties in the commercially confidential data. Amendment 389 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 5 – paragraph 6 (6) Where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use, where it is feasible without disproportionate cost for the public sector. In that task they may be assisted by the competent bodies referred to in Article 7 (1).deleted Amendment 390 # Marina KALJURAND Proposal for a regulation Article 5 – paragraph 6 (6) Where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use, where it is feasible without disproportionate cost for the public sector. In that task they may be assisted by the competent bodies referred to in Article 7 (1). All processing of personal data shall occur in full compliance with the GDPR and be accompanied by appropriate data protection safeguards. Re-use of data must be conditional on the signature by the re-user of a confidentiality agreement as set out in Recital 11. Amendment 391 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 6 (6) Where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall s~~upport re-users in seeking~~eek consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use~~, where it is feasible without disproportionate cost for the public sector~~. In that task they may be assisted by the competent bodies referred to in Article 7 (1). Amendment 392 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 5 – paragraph 6 a (new) (6 a) In order to provide such support as described in paragraph (6), the public sector body may establish a data intermediation service as defined in Art 2. This service shall be considered in the scope of data intermediation services described in Art 9, subject to the notification procedure described in Art 10, and subject to the conditions set out in Art 11 with the exception of paragraph (1), which requires the placement of intermediation services into a separate legal entity. It will be subject to monitoring by the competent authorities described in Art 12-13. Amendment 393 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 7 (7) Re-use of data shall only be allowed in compliance with intellectual property rights. The right of the maker of a database as provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies or those who benefit from the data available for reuse in order to prevent the re-use of data or to restrict re-use beyond the limits set by this Regulation. Amendment 394 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 8 (8) When data requested is considered confidential, in accordance with Union or national law ~~on commercial confidentiality~~, the public sector bodies shall ensure that the confidential information is not disclosed as a result of the re-use. Amendment 395 # Evžen TOŠENOVSKÝ, Jessica STEGRUD Proposal for a regulation Article 5 – paragraph 9 (9) The Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country: (a) ensure protection of intellectual property and trade secrets in a way that is essentially equivalent to the protection ensured under Union law; (b) are being effectively applied and enforced; and (c) provide effective judicial redress. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2).deleted Amendment 396 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 9 (9) The Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country: (a) ensure protection of intellectual property and trade secrets in a way that is essentially equivalent to the protection ensured under Union law; (b) are being effectively applied and enforced; and (c) provide effective judicial redress. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2).deleted Amendment 397 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 9 – introductory part (9) The Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country, without prejudice to the adequacy requirements defined in Article 45 of Regulation (EU) 2016/679: Amendment 398 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA Proposal for a regulation Article 5 – paragraph 9 – introductory part (9) TWhen justified by the volume of cases concerning the re-use of data in specific third countries, the Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country: Amendment 399 # Angelika NIEBLER, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 5 – paragraph 9 – introductory part (9) The Commission may adopt ~~implementing~~delegated acts declaring that the legal, supervisory and enforcement arrangements of a third country: Amendment 400 # Christophe GRUDLER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 5 – paragraph 9 – point a a (new) (a a) ensure that a natural or legal person located in a third country seeking the right to re-use has a legal representative in one of the Member States; Amendment 401 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 5 – paragraph 9 – subparagraph 1 Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2) and will permit transfers to the concerned third country. Amendment 402 # Angelika NIEBLER, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 5 – paragraph 9 – subparagraph 1 Those ~~implementing~~delegated acts shall be adopted in accordance with the ~~advisory~~ procedure referred to in Article 2~~9 (2)~~8. Amendment 403 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 10 (10) Public sector bodies shall only transmit confidential data or data protected by intellectual property rights to a re-user which intends to transfer the data to a third country other than a country designated in accordance with paragraph 9 if the re-user undertakes: (a) to comply with the obligations imposed in accordance with paragraphs 7 to 8 even after the data is transferred to the third country; and (b) to accept the jurisdiction of the courts of the Member State of the public sector body as regards any dispute related to the compliance with the obligation in point a).deleted Amendment 404 # Sara SKYTTEDAL Proposal for a regulation Article 5 – paragraph 10 – introductory part (10) Public sector bodies shall only after consent from the competent body transmit confidential data or data protected by intellectual property rights to a re-user which intends to transfer the data to a third country other than a country designated in accordance with paragraph 9 if the re-user undertakes: Amendment 405 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 10 – introductory part (10) Public sector bodies shall o~~nly transmit confidential data or data protected by intellectual property rights to a re-user which intends to transfer the data~~blige the re-user not to transfer non-personal data protected on grounds set out in Article 3 to a third country other than a country designated in accordance with paragraph 9 ifunless the re-user undertakes: Amendment 406 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 10 a (new) (10 a) Public sector bodies or the competent bodies referred to in Article 7(1) shall provide guidance and legal and administrative support to re-users, where relevant, for the purpose of supporting them in complying with the obligations referred to in paragraph 10(a). Amendment 407 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD Proposal for a regulation Article 5 – paragraph 11 (11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third- countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third- countries.deleted Amendment 408 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 11 (11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third- countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third- countries.deleted Amendment 409 # Dace MELBĀRDE Proposal for a regulation Article 5 – paragraph 11 (11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third- countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third- countries.deleted Amendment 410 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Valérie HAYER Proposal for a regulation Article 5 – paragraph 11 (11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third-countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third- countriesshall be non-discriminatory, proportionate and limited to what is necessary to achieve the public policy objectives identified in the Union law act. Amendment 411 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 5 – paragraph 11 (11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article such as where their transfer to third countries may put at risk Union policy objectives (for instance safety and public health) or may lead to the risk of re-identification of anonymised data, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third- countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third-countries. Amendment 412 # Zdzisław KRASNODĘBSKI, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 5 – paragraph 11 (11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, ~~the Commission shall be empow~~implementing powers should be conferred ~~to adopt delegated acts in accordance with Article 28 supplementing this Regulation by~~on the Commission as regards the laying down special conditions applicable for transfers to third-countries, based on the recommendations from the European Data Innovation Board. The conditions for the transfer to third- countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third-countries. The implementing powers should be exercised in accordance with Regulation (EU) [No182/2011 of the European Parliament and of the Council. Amendment 413 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 11 (11) ~~Where s~~Specific Union acts adopted in accordance with a legislative procedure ~~establish that~~may deem certain non-personal data categories held by public sector bodies ~~shall be deemed~~ to be highly sensitive for the purposes of this Article, twhere their transfer to third countries may put at risk Union policy objectives, such as safety and public health, or may lead to the risk of re- identification of anonymised data. The Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. Those conditions ~~for the transfer to third-countries~~ shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data ~~for data subjects~~, in accordance with the Union’s international obligations. They conditions may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re- use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third-countries. Amendment 414 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 12 (12) The natural or legal person to which the right to re-use non-personal data was granted may transfer the data only to those third-countries for which the requirements in paragraphs 9 to 11 are met.deleted Amendment 415 # Marisa MATIAS Proposal for a regulation Article 5 – paragraph 13 ~~(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third country.~~deleted Amendment 416 # Damian BOESELAGER Proposal for a regulation Article 5 – paragraph 13 (13) Where the re-user intends to transfer non-personal data to a third country, it shall inform the public sector body ~~shall inform the data holder about the~~of such intent. The public sector body shall inform the data holder and, where relevant, legal entity to which the data relates about the intention to transfer ofthe data to that third country. Amendment 417 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 5 – paragraph 13 (13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third country and the purpose of such transfer. Amendment 418 # Marisa MATIAS Proposal for a regulation Article 6 – paragraph 1 (1) Public sector bodies which allow re-use of the categories of data referred to in Article 3 (1) may charge fees for allowing the re-use of such data, to the exception of personal data that belongs solely to data subjects. Amendment 419 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD Proposal for a regulation Article 6 – paragraph 2 (2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrict competition. They shall be limited to the necessary costs incurred for the reproduction, provision and dissemination of data, costs for anonymisation of personal data, costs for the maintenance of the secure processing environment, as well as any costs in relation to supporting re-users in seeking consent of data subjects. Amendment 420 # Marisa MATIAS Proposal for a regulation Article 6 – paragraph 2 (2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall ~~not restrict competition~~at least cover the costs of monitoring and enforcement. They shall not create incentives to sell or lower the protection of sensitive data. Amendment 421 # Damian BOESELAGER Proposal for a regulation Article 6 – paragraph 2 (2) Any fees shall be non- discriminatory, proportionate ~~and~~to the cost of providing data for re-use, objectively justified and shall not restrict competition. Amendment 422 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 6 – paragraph 2 (2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall ~~not restrict~~be in line with competition law. Amendment 423 # Marisa MATIAS Proposal for a regulation Article 6 – paragraph 3 (3) Public sector bodies shall ensure that any fees can be paid online through widely available cross-border payment services, without discrimination based on the place of establishment of the payment service provider within the internal market, the place of issue of the payment instrument or the location of the payment account within the Union. Amendment 424 # Dace MELBĀRDE Proposal for a regulation Article 6 – paragraph 3 (3) Public sector bodies shall ensure that any fees can also be paid online through widely available cross-border payment services, without discrimination based on the place of establishment of the payment service provider, the place of issue of the payment instrument or the location of the payment account ~~within the Union~~. Amendment 425 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 6 – paragraph 4 (4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and by small and medium-sized enterprises in line with State aid rules. In that regard, public sector bodies may also make the data available at a discounted fee or free of charge, in particular when used for public services for SMEs and civil society, and educational establishments. Amendment 426 # Marisa MATIAS Proposal for a regulation Article 6 – paragraph 4 (4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and by small and medium-sized enterprises in line with State aid rules. In that regard, public sector bodies are encourage to make the data available at a discounted fee or free of charge for all actors, in particular cooperatives. Amendment 427 # Damian BOESELAGER Proposal for a regulation Article 6 – paragraph 4 (4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and by small and medium-sized enterprises in line with State aid rules. This may include allowing re- use at lower or no cost. Amendment 428 # Dace MELBĀRDE Proposal for a regulation Article 6 – paragraph 4 (4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes ~~and by~~such as research and by micro, small and medium-sized enterprises in line with State aid rules. Amendment 429 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 6 – paragraph 4 (4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and bythe re-use by micro and small and medium-sized enterprises in line with State aid rules. Amendment 430 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 6 – paragraph 4 a (new) (4 a) Public sector bodies may set up a list of categories of re-users for which data is made available at reduced or no cost, which shall be published together with the criteria used to establish such list and which shall have the objective to foster a wider re-use of the categories of data referred to in Article 3(1) and accessibility by a wider range of re-users, in line with State aid rules and competition law; Amendment 431 # Damian BOESELAGER Proposal for a regulation Article 6 – paragraph 5 (5) Fees shall be derived from the costs related to the processing of requests for re- use of the categories of data referred to in Article 3 (1). ~~The~~Any fees shall be limited to the necessary costs incurred for the reproduction, provision and dissemination of data, costs for anonymisation or other forms or preparation of personal and confidential data as provided in Article 5(3), costs for the maintenance of the secure processing environment, as well as any costs in relation to supporting re- users in seeking consent of from data subjects and permission from data holders whose rights and interests may be affected by such re-use. The criteria and methodology for calculating fees shall be published in advance. Amendment 432 # Dace MELBĀRDE Proposal for a regulation Article 7 – paragraph 1 (1) Member States shall designate one or more competent bodies, which may be sectoral, to support the public sector bodies which grant access to the re-use of the categories of data referred to in Article 3 (1) in the exercise of that task. In order to fulfil the conditions set out by this Regulation, Member States may delegate the tasks to already existing one or more competent bodies, without being required to set up new ones. Amendment 433 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 7 – paragraph 1 (1) Member States shall designate one or more competent bodies, which may be sectoral, to support the public sector bodies which grant access to the re-use of the categories of data referred to in Article 3 (1) in the exercise of that task and in verifying the characteristics of portability and interoperability of data. Amendment 434 # Ivo HRISTOV Proposal for a regulation Article 7 – paragraph 1 (1) Member States shall designate one or more competent bodies under Regulation 2018/679, which may be sectoral, to support the public sector bodies which grant access to the re-use of the categories of data referred to in Article 3 (1) in the exercise of that task. Amendment 435 # Marisa MATIAS Proposal for a regulation Article 7 – paragraph 1 (1) Member States shall designate ~~one or more competent bodies, which may be sectoral~~data protection authorities, to support the public sector bodies which grant access to the re-use of the categories of data referred to in Article 3 (1) in the exercise of that task. Amendment 436 # Sara SKYTTEDAL Proposal for a regulation Article 7 – paragraph 2 – point a (a) providing technical support by making available a secure processing environment ~~for providing access for the re-use of data~~covering the whole re-using process; Amendment 437 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 7 – paragraph 2 – point b (b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data and the deletion of commercially confidential information, including trade secrets or content protected by Intellectual Property Rights; Amendment 438 # Sara SKYTTEDAL Proposal for a regulation Article 7 – paragraph 2 – point b (b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy, integrity and availability of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data; Amendment 439 # Damian BOESELAGER Proposal for a regulation Article 7 – paragraph 2 – point b (b) providing technical support in the application of tested techniques ensuring data processing in a manner that effectively preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data; Amendment 440 # Angelika NIEBLER, Eva MAYDELL, Tom BERENDSEN, Dan-Ştefan MOTREANU, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 7 – paragraph 2 – point b (b) providing technical support ~~in the application of tested techniques~~ ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression ~~and~~, randomisation of personal data or other state-of-the-art privacy preserving methods; Amendment 441 # Marisa MATIAS Proposal for a regulation Article 7 – paragraph 2 – point c (c) assisting the public sector bodies, where relevant, in obtaining consent or permission by re-users for re-use for altruistic and other purposes in line with ~~specific decisions of data holders~~GDPR rules on consent, including on the jurisdiction or jurisdictions in which the data processing is intended to take place; Amendment 442 # Damian BOESELAGER Proposal for a regulation Article 7 – paragraph 2 – point c (c) assisting the public sector bodies~~, where relevant,~~ to support re-users in obtaining consent for ~~permission by re-users for re-use for altruistic and other purpose~~re-use from data subjects or permission from data holders in line with their specific decisions ~~of data holders~~, including on the jurisdiction or jurisdictions in which the data processing is intended to take place; Amendment 443 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 7 – paragraph 2 – point d a (new) (d a) a harmonised approach for public sector bodies to make scientific data available for purposes of research in order to support rapid innovation in the EU small and medium-sized enterprises in line with State aid rules. Amendment 444 # Marisa MATIAS Proposal for a regulation Article 7 – paragraph 4 (4) The competent body or bodies shall have adequate human resources as well as legal and technical capacities and expertise to be able to comply with relevant Union or national law concerning the access regimes for the categories of data referred to in Article 3 (1), so that data protection, privacy and confidentiality are fully respected. The competences and resources of the competent body or bodies shall prohibit unjustifiable outsourcing. Amendment 445 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 7 – paragraph 4 (4) The competent body or bodies shall have adequate legal, financial and technical capacities and expertise to be able to comply with relevant Union or national law concerning the access regimes for the categories of data referred to in Article 3 (1). Amendment 446 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 7 – paragraph 5 (5) The Member States shall make public and communicate to the Commission the identity of the competent bodies designated pursuant to paragraph 1 by [date of application of this Regulation]. They shall also make public and communicate to the Commission any subsequent modification of the identity of those bodies. Amendment 447 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 8 – paragraph 1 (1) Member States shall ensure that all relevant information concerning the application of Articles 5 and 6 is available through a single information point, unless the information concerns one sector only in which case the information can be made available through a sectoral competent body referred to in Article 7 (1). Functions of a single information point may be automatically provided if adequate support by a public sector body is ensured. Member States shall be allowed either to establish a new information point o rto rely on an existing structure. Amendment 448 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Article 8 – paragraph 1 (1) Member States shall ensure that all relevant information concerning the application of Articles 5 and 6 is available through a single information point. It must be accessible to all relevant stakeholders, so as to ensure efficient operation and promote good collaboration with civil society organizations, social partners and professional organisations. Amendment 449 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 8 – paragraph 2 (2) The single information point shall receive requests for the re-use of the categories of data referred to in Article 3 (1) and shall transmit them to the competent public sector bodies, or the competent bodies referred to in Article 7 (1), where relevant and where possible and appropriate, by automated means. When request concerns only one sector, the request may also be made directly to a sectoral competent body referred to in Article 7 (1). The single information point shall make available by electronic means a register of available data resources containing relevant information describing the nature of available data. Amendment 450 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Article 8 – paragraph 2 (2) The single information point shall receive requests for the re-use of the categories of data referred to in Article 3 (1) and shall transmit them to the competent public sector bodies, or the competent bodies referred to in Article 7 (1), where relevant. The single information point shall make publicly available by electronic means a register of available data resources containing relevant information describing the nature of available data. At least the format, size, conditions for reuse such as characteristics of interoperability and portability and the data holder shall be made public. Amendment 451 # Angelika NIEBLER, Markus FERBER, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Georgios KYRTSOS, Markus PIEPER, Seán KELLY, Maria da Graça CARVALHO, Othmar KARAS, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI Proposal for a regulation Article 8 – paragraph 2 a (new) (2 a) The single information point may establish a separate, simplified and well- documented information channel for small and medium-sized enterprises (SMEs), addressing their needs and capabilities in requesting the re-use of the categories of data referred to in Article 3 (1). Amendment 452 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 8 – paragraph 2 a (new) (2 a) The Commission shall establish a European single information point, network offering information on the data available in national single information points and on how to request and access data via those single information points. Amendment 453 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 8 – paragraph 2 a (new) (2 a) The Commission shall create a single European data information point which guarantees access to a searchable common data register. It is necessary that the conditions fo access are fair, clear and transparent. Amendment 454 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 8 – paragraph 3 (3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable time, and in any case within two months from the date of the request. In order to contribute to a consistent application of this Regulation the competent public sector bodies shall cooperate with each other, and where relevant with the Commission, when refusing requests for re-use of the categories of data referred to in Article 3 (1). Amendment 455 # Dace MELBĀRDE Proposal for a regulation Article 8 – paragraph 3 (3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) with~~in a reasonable time~~out undue delay, and in any case wino later thian two months from the date of the request. Amendment 456 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Sandro GOZI, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 8 – paragraph 3 (3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within ~~a reasonable time~~the shortest delay, and in any case within two months from the date of the request. Amendment 457 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 – introductory part (1) Th~~e provision of the following data sharing services shall be subject to a notification procedure~~is Chapter applies to the provision of data sharing services. These services include, but are not limited to: Amendment 458 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 – point a (a) intermediation services between data holders which are legal persons and potential data users, including making available the technical or other means to enable such services; those services may include bilateral or multilateral exchanges of data or the creation of platformsoperation of specific infrastructure, platforms or databases and enabling data sharing through bilateral or multilateral exchanges, characterized by, among others: (i) the technical means to effectuate data access or transfer or; (ii) the provision of a register or dcata~~bases enabling the excha~~logue of data available for sharinge or ~~joint exploitation of data, as well as the establishment of a specific infrastructure for the interconnect~~; (iii) the facilitation of payment or other forms of compensation by data users in exchange for the provision of data ~~holders and~~by data usholders; Amendment 459 # Angelika NIEBLER, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, François-Xavier BELLAMY, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 9 – paragraph 1 – point b (b) intermediation services between data subjects that seek to make their personal data available and potential data users, including making available the technical or other means to enable such services, in the exercise of the rights provided in Regulation (EU) 2016/679, in particular managing the data subjects’ consent to data processing; Amendment 460 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 9 – paragraph 1 – point b (b) intermediation services between data subjects that seek to make their personal or non-personal data available and potential data users, including making available the technical or other means to enable such services, in the exercise of the rights provided in Regulation (EU) 2016/679; Amendment 461 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 – point c (c) ~~services of~~ data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, who are members of the cooperative or who confer the power to the cooperative to negotiate terms and conditions for data processing before they consent, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons. Amendment 462 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 9 – paragraph 1 – point c (c) services of data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, who are members of the cooperative or who confer the power to the cooperative to negotiate terms and conditions for data processing before they consent, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons. Amendment 463 # Patrizia TOIA, Franco ROBERTI Proposal for a regulation Article 9 – paragraph 1 – point c (c) services of data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, including social economy enterprises, who are members of the cooperative or who confer the power to the cooperative to negotiate terms and conditions for data processing before they consent, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons. Amendment 464 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 9 – paragraph 1 a (new) (1 a) any operations involving personal data in the scope of Article 9 is subject to the rules of the GDPR and therefore the conditions for the joint use of the data is subject to these rules. Amendment 465 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 a (new) (1 a) This chapter does not apply to the following activities: Amendment 466 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 b (new) (1 b) (a) services, which are aimed at a closed group of data holders or data users, including those operated between two companies or a limited group of legal entities for the purpose of exchanging data in the context of a contractually- defined collaboration or joint undertaking; Amendment 467 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 c (new) (1 c) (b) value-added data services, which aggregate data, transform or combine data with other data, or analyse it for the purpose of adding substantial value to it and make available the use of the resulting data to data users, unless they have a direct relationship with data holders for the purpose of data sharing services or reshare the unprocessed data received from the data holder; Amendment 468 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 d (new) (1 d) (c) auxiliary technical, legal, financial or administrative support services offered to either data holder or data users for the purpose of preparing an exchange of data; Amendment 469 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 e (new) (1 e) (d) not-for-profit online encyclopedias, not-for-profit educational and scientific repositories, and open source software-developing and-sharing platforms; Amendment 470 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 f (new) (1 f) (e) ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council; Amendment 471 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 g (new) (1 g) (f) ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council; Amendment 472 # Damian BOESELAGER Proposal for a regulation Article 9 – paragraph 1 h (new) (1 h) (g) providers of data sharing services, which have been available to the public in the Union for less than 12 months and which have either a consolidated annual turnover at the group level below EUR 10 million, calculated in accordance with Commission Recommendation 2003/361/EC, or, where no consolidated annual turnover can be established less, than one hundred users, who are legal entities, or less than one thousand users who are natural persons. Amendment 473 # Marisa MATIAS Proposal for a regulation Article 9 – paragraph 2 a (new) (2 a) A mandatory certification system shall be provided for data intermediaries in order to limit the risks associated with the central role of data intermediaries and thus increase trust in these organisations and their activities. Amendment 474 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 1 (1) ~~Any provider of d~~Data sharing services ~~who intends to provide the services referred to in Article 9 (1)~~ shall submit a notification to the competent authority referred to in Article 12. Amendment 475 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 10 – paragraph 3 (3) A provider of data sharing services that is not established in the Union, but offers the services referred to in Article 9 (1) within the Union, shall appoint a legal representative in one of the Member States in which those services are offered. The provider shall be deemed to be under the jurisdiction of the Member State in which the legal representative is established. The representative shall be mandated by the data intermediary services to be addressed in addition to or instead of it by, in particular, competent authorities and data holders, on all issues related to the service, for the purposes of ensuring compliance with this Regulation. The designation of a representative by the provider of data sharing services shall be without prejudice to legal actions which could be initiated against the provider of data sharing services themselves. Amendment 476 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 3 (3) A provider of data sharing services that is not established in the Union, but offers the services referred to in Article 9 (1) within the Union, shall ~~appoint a legal representative~~operate its services through a legal entity established in one of the Member States in which those services are offered. The provider shall be deemed to be under the jurisdiction of the Member State in which the legal ~~representative~~entity is established. Amendment 477 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 10 – paragraph 4 ~~(4) Upon notification, the provider of data sharing services may start the activity subject to the conditions laid down in this Chapter.~~deleted Amendment 478 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 6 – point b (b) the provider’s legal status, ~~form~~ownership structure, form, relevant subsidiaries or related entities, and registration number, where the provider is registered in trade or in another similar public register; Amendment 479 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 6 – point c (c) the address of the provider’s main establishment in the Union, if any, and, where applicable, any secondary branch in another Member State or that of the legal ~~representative~~entity designated pursuant to paragraph 3; Amendment 480 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 6 – point d (d) a website where information on the provider and the activities can be found, ~~where applicable~~including as a minimum the information as referred to in letters a, b, c and f of this paragraph; Amendment 481 # Dace MELBĀRDE Proposal for a regulation Article 10 – paragraph 6 – point d (d) a website where above information on the provider and the activities can be found, where applicable; Amendment 482 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 6 – point g (g) the estimated date for starting the activity, or the date the activity has started; Amendment 483 # Dace MELBĀRDE Proposal for a regulation Article 10 – paragraph 6 – point h (h) optionally, and indicative list of the Member States where the provider intends to provide services. Amendment 484 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI Proposal for a regulation Article 10 – paragraph 6 – point h (h) optionally, an indicative list of the Member States where the provider intends to provide services. Amendment 485 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 6 a (new) (6 a) The competent authority shall ensure that the notification procedure does not impose undue hurdles for small and medium-sized enterprises and organisations and ensures non- discrimination and competition. Amendment 486 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 10 – paragraph 7 (7) ~~At the request of the provider, t~~The competent authority shall, within one week, issue a standardised declaration, confirming that the provider has submitted the notification referred to in paragraph 4 and that the notification meets fully the requirements outlined in paragraph 6. Amendment 487 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 10 – paragraph 7 a (new) (7 a) Upon reception of the standardised declaration, the provider of data sharing services may start the activity subject to the conditions laid down in this Chapter. Amendment 488 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI Proposal for a regulation Article 10 – paragraph 8 ~~(8) The competent authority shall forward each notification to the national competent authorities of the Member States by electronic means, without delay.~~deleted Amendment 489 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 10 – paragraph 8 ~~(8) The competent authority shall forward each notification to the national competent authorities of the Member States by electronic means, without delay.~~deleted Amendment 490 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 10 – paragraph 9 (9) The competent authority shall notify the Commission of each new notification without delay and the Commission shall forward each notification to the national competent authorities of the Member States by electronic means. The Commission shall keep a register of providers of data sharing services. Amendment 491 # Evžen TOŠENOVSKÝ Proposal for a regulation Article 10 – paragraph 9 (9) The competent authority shall notify the Commission and the national competent authorities of the Member States by electronic means, without delay, of each new notification. The Commission shall keep a public register of providers of data sharing services. providing them in the Union. Amendment 492 # Dace MELBĀRDE Proposal for a regulation Article 10 – paragraph 9 (9) TUsing electronic means and permitting for the use of automated tools, the competent authority shall notify the Commission of each new notification. The Commission shall keep a register of providers of data sharing services. Amendment 493 # Dace MELBĀRDE Proposal for a regulation Article 10 – paragraph 9 (9) The competent authority shall notify the Commission of each new notification. The Commission shall keep and regularly update a public register of all providers of data sharing services. Amendment 494 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 10 – paragraph 9 (9) The competent authority shall ~~notify the Commission of each new notification~~enter each new notification in the Commission’s register. The Commission shall keep a commonly available register of providers of data sharing services. Amendment 495 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 10 – paragraph 9 (9) The competent authority shall notify the Commission of each new notification. The Commission shall keep a public register of ~~providers of data sharing services~~all data intermediator in Union. Amendment 496 # Damian BOESELAGER Proposal for a regulation Article 10 – paragraph 10 (10) The competent authority may charge fees. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authorities in relation to notifications of data sharing services.deleted Amendment 497 # Angelika NIEBLER, Markus FERBER, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Pilar del CASTILLO VERA, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Markus PIEPER, Georgios KYRTSOS, Seán KELLY, Maria da Graça CARVALHO, Othmar KARAS, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 10 – paragraph 10 (10) The competent authority may charge fees. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authorities in relation to notifications of data sharing services. The competent authority may also charge discounted fees or allow free of charge notification for small and medium-sized enterprises (SMEs). Amendment 498 # Damian BOESELAGER (10 a) Providers shall submit any changes of the information provided pursuant to paragraph 6 to the competent authority within 14 calendar days from the day on which the change takes place; Amendment 499 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 10 – paragraph 11 (11) Where a ~~provider of data sharing services~~data intermediary ceases its activities, it shall notify the relevant competent authority determined pursuant to paragraphs 1, 2 and 3 within 15 days. The competent authority shall forward without delay each such notification to the Commission by electronic means. The Commission without delay shall forward each notification to the national competent authorities inof the Member States ~~and to the Commission by electronic means~~by electronic means and update the public register. Amendment 500 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 1 (1) the provider may not use the data for which it provides services for other purposes than to put them at the disposal of data users ~~and~~; data sharing services shall be placed in a separate legal entity; Amendment 501 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 1 a (new) (1 a) the provider may not make the commercial terms, including pricing, for the provision of data sharing services to a data holder or data user dependent upon whether or to what degree the data holder or data user uses other services from the same provider or a related enterprise; Amendment 502 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 2 (2) the metadata collected from the provision of the data sharing service may be used only for the development of that service respecting the GDPR as a legal basis of processing of personal data; Amendment 503 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 11 – paragraph 1 – point 2 (2) the metadata collected from the provision of the data sharing service may be used only for the development of that service and should be made available to the data holders upon request; Amendment 504 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 2 (2) the metadata collected from the provision of the data sharing service may be used only for the ~~develop~~improvement of that service; Amendment 505 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 3 (3) the provider shall ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both data holders and data users, including as regards to terms of service and prices; Amendment 506 # Dace MELBĀRDE Proposal for a regulation Article 11 – paragraph 1 – point 3 (3) the provider shall ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both data holders and data users, including as regards to prices; Amendment 507 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 3 a (new) (3 a) the provider shall avoid lock-in effects and ensure interoperability with other data sharing services, in particular by providing openly accessible application programming interfaces and using open data formats, where technically feasible; (i) Within 12 months of the entry into force of this law, the Commission shall issue guidance on interoperability standards; (ii) The Commission shall consult Member States and relevant stakeholders for the purpose of issuing such guidance. Amendment 508 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 3 a (new) (3 a) the provider cannot condition the commercial terms, (including pricing)of data sharing services by the fact whether or to what degree the data holder or data user uses other services from the same company, even if under separate legal entity; Amendment 509 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 11 – paragraph 1 – point 4 a (new) (4 a) the data intermediary may offer additional specific services to data holders facilitating the exchange of the data, such as aggregation, curation, pseudonymisation and anonymisation; with the aim of improving the quality or conversion of data to data holders or data users, or other related services, and those tools shall be used only at the explicit request or approval of the data holder in the framework of business-to-business agreements; Amendment 510 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 4 a (new) (4 a) the provider may offer additional specific tools to data holders facilitating the exchange of the data, such as aggregation, analysis, improving the quality of data or anonymization, only at the explicit request or approval of the data holder. The third-party tools offered in that context shall not use data for purposes other than those requested or approved by the data holder; Amendment 511 # Marisa MATIAS Proposal for a regulation Article 11 – paragraph 1 – point 5 (5) the provider must ensure and shall have procedures in place to prevent fraudulent or abusive practices in relation to access to data from parties seeking access through their services and is liable for damages resulting from security breaches; Amendment 512 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 11 – paragraph 1 – point 5 (5) the provider shall have procedures in place to prevent and monitor potential fraudulent or abusive practices in relation to access to data from parties seeking access through their services; Amendment 513 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 5 (5) the provider shall have procedures and sanctions in place to prevent fraudulent or abusive practices in relation to access to data from parties seeking access through their services; Amendment 514 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 11 – paragraph 1 – point 6 (6) the provider shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient guarantees in place that allow data holders and data users to obtain access to and to retrieve their data in case of insolvency of the provider; Amendment 515 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 6 a (new) (6 a) the provider shall avoid lock-in effects and ensure interoperability with the other data intermediaries (as defined in article 2) in particular by providing openly accessible application programming inter faces and using open data formats, where technically feasible; Amendment 516 # Dace MELBĀRDE Proposal for a regulation Article 11 – paragraph 1 – point 6 a (new) (6 a) the provider to the extent possible shall ensure interoperability with other data sharing services; Amendment 517 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 6 b (new) (6 b) The intermediator services should follow the interoperability requirements defined in the common European data spaces. Amendment 518 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 7 (7) the provider shall put in place adequate technical, legal and organisational measures in order to prevent transfer or access to ~~non-personal~~ data that is unlawful under Union law; Amendment 519 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, François-Xavier BELLAMY, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 11 – paragraph 1 – point 8 (8) the ~~provider~~data intermediary shall take measures to ensure a high level of security, including state-of-the-art cybersecurity, for the storage and transmission of non- personal data; and the intermediary shall further ensure the highest level of security, including state-of-the-art cybersecurity, for the storage and transmission of competitively sensitive information; the data intermediary shall inform the competent authority without delay of any security breach that jeopardises the security of data. Amendment 520 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 8 (8) the provider shall take measures to ensure a high level of security for the storage and transmission of non-personal data; in the case of breach of personal data, such as health data, the data intermediary shall without undue delay, and where feasible, not later than 72 hours after becoming aware of it, notify the personal data breach to the competent supervisory authority as defined by Article 33 of the Regulation (EU) 216/679. Amendment 521 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 11 – paragraph 1 – point 8 (8) the provider shall take measures to ensure a high level of security, including cybersecurity standards, for the storage and transmission of non-personal data; Amendment 522 # Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO, Massimiliano SALINI Proposal for a regulation Article 11 – paragraph 1 – point 8 (8) the ~~provider~~data intermediary shall take measures to ensure a high level of security for the storage, process and transmission of non-personal data; Amendment 523 # Dace MELBĀRDE Proposal for a regulation Article 11 – paragraph 1 – point 8 (8) the provider shall take measures to ensure a high level of security for the storage and transmission of ~~non-personal~~ data; Amendment 524 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 8 (8) the provider shall take measures to ensure a high level of security for the storage and transmission of ~~non-personal~~ data; Amendment 525 # Damian BOESELAGER Proposal for a regulation Article 11 – paragraph 1 – point 10 (10) ~~the~~ providers offering services to data subjects shall act in the data subjects’ best interest when facilitating the exercise of their rights, in particular by advising data subjects on potential data uses and standard terms and conditions attached to such uses; Amendment 526 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 11 (11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place. Such a consent does not replace the need to have a lawful basis for data processing as set by the GDPR. Amendment 527 # Damian BOESELAGER (11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place and provide to the data subject tools for tracking the use of that data and consent withdrawal. Amendment 528 # Dace MELBĀRDE Proposal for a regulation Article 11 – paragraph 1 – point 11 (11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place and ensure that data subjects are also provided with tools to withdraw consent. Amendment 529 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 11 – paragraph 1 – point 11 a (new) (11 a) (1 a) the data intermediary must ensure the right conditions to keep data secured. Amendment 530 # Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO, Massimiliano SALINI Proposal for a regulation Article 11 a (new) Article 11 a Data intermediary should ensure quality and security of the services they offer. This control of quality should also be periodically monitored and reviewed. Recommendations or guidance by the Commission, in cooperation with data users in the market, could improve the services of the providers. Amendment 531 # Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO, Massimiliano SALINI Proposal for a regulation Article 11 b (new) Article 11 b It should ensure data portability by adhering to the « Switching Cloud Providers and Porting Data » Association, facilitated by the European Commission in application of Art. 6 of the EU Free Flow of Non-Personal Data Regulation ((EU) 2018/1807) and aimed at developing voluntary Codes of Conduct to offer services with data portability Amendment 532 # Marisa MATIAS Proposal for a regulation Article 12 – paragraph 1 (1) Each Member State shall designate in its territory one or more authorities competent, including its data protection authority, to carry out the tasks related to the notification framework and shall communicate to the Commission the identity of those designated authorities by [date of application of this Regulation]. It shall also communicate to the Commission any subsequent modification. Amendment 533 # Ivo HRISTOV Proposal for a regulation Article 12 – paragraph 2 (2) The designated competent authorities under Regulation 2018/679” shall comply with Article 23”.. Amendment 534 # Marina KALJURAND Proposal for a regulation Article 12 – paragraph 3 (3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers. The data protection authorities shall be designated as the main competent authorities for the supervision and enforcement of the provisions under Chapter IV of the Regulation. Amendment 535 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, François-Xavier BELLAMY, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 12 – paragraph 3 (3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers and ensure consistency of the decisions taken in application of this directive. Amendment 536 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 12 – paragraph 3 (3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall build up a strong cooperation and exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers. Amendment 537 # Marisa MATIAS Proposal for a regulation Article 13 – paragraph 2 (2) The competent authority shall have the power to request from providers of data sharing services all the information that is necessary to verify compliance with the requirements laid down in Articles 10 and 11. Any request for information shall be proportionate to the performance of the task and shall be reasoned. In case a data sharing service does not submit a notification, he is submitted to Article 31. Amendment 538 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 13 – paragraph 3 (3) Where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in Article 10 or 11, it shall notify that provider of those findings and give it the opportunity to state its views, within a ~~reasonable time limit~~maximum of six months. Amendment 539 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 13 – paragraph 3 (3) Where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in Article 10 or 11, it shall notify that provider of those findings and give it the opportunity to state its views, within ~~a reasonable time limit~~the shortest delay. Amendment 540 # Dace MELBĀRDE Proposal for a regulation Article 13 – paragraph 4 – introductory part (4) The competent authority shall have the power to require the cessation of the breach referred to in paragraph 3 ewith~~er immediately or with~~in a reasonable time limit or, in extreme and duly justified cases, immediately, and shall take appropriate and proportionate measures aimed at ensuring compliance. In this regard, the competent authorities shall be able, where appropriate: Amendment 541 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 13 – paragraph 4 – introductory part (4) The competent authority shall have the power to require the cessation of the breach referred to in paragraph 3 either immediately or within a ~~reasonable time limit~~maximum of six months and shall take appropriate and proportionate measures aimed at ensuring compliance. In this regard, the competent authorities shall be able, where appropriate: Amendment 542 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 13 – paragraph 4 – point a (a) to impose dissuasive financial penalties which may include periodic penalties with retroactive effect;. The penalties should be proportionate to the size of the provider and the severity of the breach. Amendment 543 # Cyrus ENGERER Proposal for a regulation Article 13 – paragraph 4 – point a (a) to impose dissuasive financial penalties which may include periodic penalties with retroactive effect; these should be proportionate to the size of the provider and the severity of the breach. Amendment 544 # Dace MELBĀRDE Proposal for a regulation Article 13 – paragraph 4 – point a (a) to impose ~~dissuasive financial penalti~~fines which may include periodic penalties, including ones with retroactive effect; Amendment 545 # Dace MELBĀRDE Proposal for a regulation Article 13 – paragraph 4 – point b (b) to require ~~cessation or postponement~~postponement or cessation of the provision of the data sharing service., the latter in case where serious breaches have not been addressed, despite being previously identified and communicated; Amendment 546 # Damian BOESELAGER Proposal for a regulation Article 13 – paragraph 4 – point b (b) to ~~requir~~impose immediate cessation or postponement of the provision of the data sharing service. Amendment 547 # Dace MELBĀRDE Proposal for a regulation Article 13 – paragraph 5 (5) The competent authorities shall communicate the measures imposed pursuant to paragraph 4 ~~and~~, the reasons on which they are based as well as the necessary steps to be taken to rectify the relevant shortcomings to the entity concerned without delay and shall stipulate a reasonable period for the entity to comply with the measures. Amendment 548 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 13 – paragraph 6 a (new) (6 a) Upon the request of a data intermediary the competent authority shall confirm that the data intermediary complies with the requirements laid down Articles 10 and 11. Amendment 549 # Damian BOESELAGER This Chapter shall not apply to not-for- profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.Article 14 deleted Exceptions Amendment 550 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 14 – paragraph 1 This Chapter shall not apply to ~~not-for- profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.~~: Amendment 551 # Marisa MATIAS Proposal for a regulation Article 14 – paragraph 1 This Chapter shall not apply to not-for- profit ~~entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism~~organisations that collect data which is released under non- exclusive free licenses for the benefit of any users and hence should explicitly be recognised as compatible with general interest. Amendment 552 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 14 – paragraph 1 This Chapter shall not apply to not-for- profit entities whose activities consist only in seeking to collect data for objectives of ~~general~~public interest, made available by natural or legal persons on the basis of data altruism. Amendment 553 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 14 – paragraph 1 – point a (new) (a) public sector bodies that offer data sharing facilities on a non-commercial basis; Amendment 554 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 14 – paragraph 1 – point b (new) (b) not-for-profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism. Amendment 555 # Damian BOESELAGER Proposal for a regulation Chapter IV – title IV ~~data altruism~~voluntary data sharing in the public interest Amendment 556 # Damian BOESELAGER Proposal for a regulation Article 15 – title Register of ~~recogn~~authorised data altruism organisations Amendment 557 # Damian BOESELAGER Proposal for a regulation Article 15 – paragraph -1 (new) (-1) The collection of data based on voluntary data sharing in the public interest, as referred to in Article 6(1)(e) of Regulation (EU) 2016/679 is subject to general authorisation by a competent authority, referred to in Article 20. Such authorisation shall be valid in all Member States of the European Union. Amendment 558 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 15 – paragraph 1 (1) Donating personal or non- personal data is a voluntary and free act of the data subject and hence subject to high-level safeguards. Each competent authority designated pursuant to Article 20 shall keep a public register of recognised data altruism organisations. Amendment 559 # Dace MELBĀRDE Proposal for a regulation Article 15 – paragraph 1 (1) Each competent authority designated pursuant to Article 20 shall keep a regularly-updated public register of recognised data altruism organisations. Amendment 560 # Damian BOESELAGER Proposal for a regulation Article 15 – paragraph 1 (1) Each competent authority designated pursuant to Article 20 shall keep a public register of ~~recogn~~authorised data altruism organisations. Amendment 561 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 15 – paragraph 2 (2) The Commission shall maintain a public Union register of recognised data altruism organisations. The Commission shall monitor and audit the register of recognised data altruism organizations. Amendment 562 # Dace MELBĀRDE Proposal for a regulation Article 15 – paragraph 2 (2) The Commission shall maintain a publicly accessible and regularly updated Union register of recognised data altruism organisations. Amendment 563 # Damian BOESELAGER Proposal for a regulation Article 15 – paragraph 2 (2) The Commission shall maintain a public Union register of ~~recogn~~authorised data altruism organisations. Amendment 564 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 15 – paragraph 3 (3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29. Amendment 565 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 15 – paragraph 3 (3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo and link to the European register of recognised data altruism organisations. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29. Amendment 566 # Damian BOESELAGER Proposal for a regulation Article 15 – paragraph 3 (3) AnOnly entit~~y registered in the register in accordance with Article 16 may refer to itself~~ies authorised in accordance with Article 16 may collect data made available by natural or legal persons on the basis of voluntary data sharing in the public interest, as referred to in paragraph -1, perform the activities linked to the data processing in public interest and refer to themselves as a ‘data altruism organisation ~~recogn~~authorised in the Union’ in ~~its~~their written and spoken communication. Amendment 567 # Damian BOESELAGER Proposal for a regulation Article 16 – title General requirements for ~~registr~~authorisation Amendment 568 # Damian BOESELAGER Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. In order to qualify for registration, the data altruism organisation shall: Amendment 569 # Damian BOESELAGER Proposal for a regulation Article 16 – paragraph 1 – introductory part In order to qualify for ~~registr~~authorisation, the data altruism organisation shall: Amendment 570 # Damian BOESELAGER Proposal for a regulation Article 16 – paragraph 1 – point a (a) be a legal entity constituted to meet objectives of ~~general~~public interest and recognised as such according to the applicable law; Amendment 571 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 16 – paragraph 1 – point a (a) be a legal entity constituted to meet objectives of ~~general~~public interest; Amendment 572 # Marisa MATIAS Proposal for a regulation Article 16 – paragraph 1 – point a a (new) (a a) fit definition of data altruism under article 2-10 Amendment 573 # Damian BOESELAGER Proposal for a regulation Article 16 – paragraph 1 – point b (b) operate on a not-for-profit basis and be independent from any entity that operates on a for-profit basis; in case the entity undertakes other activities on a not- for-profit basis, it shall ensure the legal and functional separation of such activities from the activities related to the collection of data based on voluntary data sharing in the public interest. The entity may not use the data collected based on voluntary data sharing in the public interest for other activities; Amendment 574 # Dace MELBĀRDE Proposal for a regulation Article 16 – paragraph 1 – point b (b) operate on a not-for-profit basis and be legally and structurally independent from any entity that operates on a for-profit basis; Amendment 575 # Damian BOESELAGER Proposal for a regulation Article 16 – paragraph 1 – point c (c) perform the activities related to ~~data altruism take place~~voluntary data sharing in the public interest through a legally independent structure, separate from other activities it has undertaken, including for-profit activities. Amendment 576 # Dace MELBĀRDE Proposal for a regulation Article 16 – paragraph 1 – point c (c) perform the activities related to data altruism ~~take place~~ through a legally independent structure, separate from other activities it has undertaken. Amendment 577 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (c a) be able to process the data within the secure processing environment operated by the entity; Amendment 578 # Damian BOESELAGER Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (c a) provide to the competent authority an operational data security plan; Amendment 579 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 16 – paragraph 1 – point c b (new) (c b) have effective oversight mechanism to ensure high standards of scientific ethics; Amendment 580 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 16 – paragraph 1 – point c c (new) (c c) have effective technical means to withdraw or modify context at any moment as well as means for data subjects to stay informed about th use of data they made available; Amendment 581 # Damian BOESELAGER Proposal for a regulation Article 16 – paragraph 1 a (new) In case personal data is processed in the context of voluntary data sharing in the public interest, such processing shall be compliant with the requirements laid down in Regulation (EU) 2016/679, including the provisions on transfers of personal data to third countries or international organisations Amendment 582 # Marisa MATIAS Proposal for a regulation Article 17 – paragraph 1 (1) Any entity which meets the requirements of Article 2 (10) and 16 may request to be entered in the register of recognised data altruism organisations referred to in Article 15 (1). Amendment 583 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 1 (1) Any entity which meets the requirements of Article 16 may request to be entered in the register of ~~recogn~~authorised data altruism organisations referred to in Article 15 (1). Amendment 584 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 2 (2) For the purposes of this Regulation, an entity engaged in activities based on ~~data altruism~~voluntary data sharing in the public interest with establishments in more than one Member State, shall register in the Member State in which it has its main establishment. Amendment 585 # Marisa MATIAS Proposal for a regulation Article 17 – paragraph 3 (3) An entity that is not established in the Union, but meets the requirements in Article 16, shall appoint a legal representative in one of the Member States where it intends to collect data based on data altruism. For the purpose of compliance with this Regulation, that entity shall be deemed to be under the jurisdiction of the Member State where the legal representative is located.deleted Amendment 586 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 17 – paragraph 3 (3) An entity that is not established in the Union, but meets the requirements in Article 16, shall ~~appoint a legal representative in one of the Member States~~establish a company located and registered in one of the Member States in the Union with an adequate number of employees, where it intends to collect data based on data altruism. For the purpose of compliance with this Regulation, that entity shall be deemed to be under the jurisdiction of the Member State where the ~~legal representative~~company is located. Amendment 587 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 3 (3) An entity that is not established in the Union, but meets the requirements in Article 16, shall appoint a legal representative in one of the Member States where it intends to collect data based on ~~data altruism~~voluntary data sharing in the public interest. For the purpose of compliance with this Regulation, that entity shall be deemed to be under the jurisdiction of the Member State where the legal representative is located. Amendment 588 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 17 – paragraph 4 – point c (c) the statutes of the entity~~, where appropriate~~; Amendment 589 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 4 – point f (f) a public website where information on the entity and the activities can be found including as a minimum the information as referred to in letters a, b, d, e and h of this paragraph; Amendment 590 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 17 – paragraph 4 – point f (f) a website where information on the entity and the activities can be found including as a minimum the information as referred to in letters a, b, d, e and h of this paragraph; Amendment 591 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 4 – point h (h) the purposes of ~~general~~public interest it intends to promote when collecting data; Amendment 592 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 17 – paragraph 4 – point h (h) the purposes of ~~general~~public interest it intends to promote when collecting data; Amendment 593 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 5 (5) Where the entity has submitted all necessary information pursuant to paragraph 4 and the competent authority considers that the entity complies with the requirements of Article 16, it shall register the entity in the register of ~~recogn~~authorised data altruism organisations within twelve weeks from the date of application. The registration shall be valid in all Member States. Any registration shall be communicated to the Commission, for inclusion in the Union register of ~~recogn~~authorised data altruism organisations. Amendment 594 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 17 – paragraph 6 (6) The information referred to in paragraph 4, points (a), (b), (f), (g), and (h) shall be published in the national public register of recognised data altruism organisations. Amendment 595 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 6 (6) The information referred to in paragraph 4, points (a), (b), (f), (g), and (h) shall be published in the national register of ~~recogn~~authorised data altruism organisations. Amendment 596 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 17 – paragraph 7 (7) Any entity entered in the register of recognised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the change takes place. The competent authority shall inform the Commission by electronic means of each such notification without delay. Amendment 597 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 17 – paragraph 7 (7) Any entity entered in the public register of recognised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the change takes place. Amendment 598 # Damian BOESELAGER Proposal for a regulation Article 17 – paragraph 7 (7) Any entity entered in the register of ~~recogn~~authorised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the change takes place. Amendment 599 # Dace MELBĀRDE Proposal for a regulation Article 17 – paragraph 7 (7) ~~Any entity entered in the~~Entities register ofed as recognised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the changes takes place. Amendment 600 # Damian BOESELAGER Proposal for a regulation Article 18 – paragraph 1 – introductory part (1) Any entity entered in the national register of ~~recogn~~authorised data altruism organisations shall keep full and accurate public records concerning: Amendment 601 # Damian BOESELAGER Proposal for a regulation Article 18 – paragraph 2 – introductory part (2) Any entity entered in the register of ~~recogn~~authorised data altruism organisations shall draw up and transmit to the competent national authority an annual activity report which shall contain at least the following: Amendment 602 # Damian BOESELAGER Proposal for a regulation Article 18 – paragraph 2 – point b (b) a description of the way in which the ~~general~~public interest purposes for which data was collected have been promoted during the given financial year; Amendment 603 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 18 – paragraph 2 – point b (b) a description of the way in which the ~~general~~public interest purposes for which data was collected have been promoted during the given financial year; Amendment 604 # Damian BOESELAGER Proposal for a regulation Article 18 – paragraph 2 – point c (c) a list of all natural and legal persons that were allowed to use data it holds, ~~including~~their contact details, a summary description of the ~~general~~public interest purposes pursued by such data use and the description of the technical means used for it, including a description of the techniques used to preserve privacy and data protection; Amendment 605 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 18 – paragraph 2 – point c (c) a list of all natural and legal persons that were allowed to use data it holds, including a summary description of the ~~general~~public interest purposes pursued by such data use and the description of the technical means used for it, including a description of the techniques used to preserve privacy and data protection; Amendment 606 # Marisa MATIAS Proposal for a regulation Article 19 – paragraph 1 – introductory part (1) A mandatory authorisation framework for data altruistic organisations shall be provided to ensure a higher level of trust. Any entity entered in the register of recognised data altruism organisations shall inform data holders: Amendment 607 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Sandro GOZI, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 19 – paragraph 1 – introductory part (1) Any entity entered in the register of recognised data altruism organisations shall inform data ~~holders~~subjects and legal entities in a clear and easy-to-understand manner: Amendment 608 # Damian BOESELAGER Proposal for a regulation Article 19 – paragraph 1 – introductory part (1) Any entity entered in the register of ~~recogn~~authorised data altruism organisations shall inform data holders, prior to any processing of their data : Amendment 609 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 19 – paragraph 1 – introductory part (1) Any entity entered in the register of recognised data altruism organisations shall inform data holders prior to any processing of their data: Amendment 610 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 19 – paragraph 1 – point a (a) about the purposes of ~~general~~public interest for which it permits the processing of their data by a data user in an easy-to- understand manner; Amendment 611 # Damian BOESELAGER Proposal for a regulation Article 19 – paragraph 1 – point a (a) about the purposes of ~~general~~public interest for which it permits the processing of their data by a data user in an easy-to- understand manner; Amendment 612 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 19 – paragraph 1 – point a (a) about the purposes of general interest for which it permits the processing of their data by a data user ~~in an easy-to- understand manner~~; Amendment 613 # Marisa MATIAS Proposal for a regulation Article 19 – paragraph 1 – point b ~~(b) about any processing outside the Union.~~deleted Amendment 614 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 19 – paragraph 1 – point b (b) about the location of any processing outside the Union. In addition, the non-profit entities will request an authorisation to data holders with approval regarding all the information pursuant in accordance with paragraph 4 of Article 17. The authorisation should be issued by competent authorities designated pursuant to Article 20. Amendment 615 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER Proposal for a regulation Article 19 – paragraph 1 – point b (b) about ~~any processing~~the purposes of general interest for which it permits any processing of their data by a data user outside the Union. Amendment 616 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 19 – paragraph 1 – point b (b) about any processing outside the Union. as well as the localisation of the process; Amendment 617 # Damian BOESELAGER Proposal for a regulation Article 19 – paragraph 1 – point b (b) about any processing outside the Union and the location of such processing. Amendment 618 # Damian BOESELAGER Proposal for a regulation Article 19 – paragraph 1 – point b a (new) (b a) the effective means and tools for withdrawal of consent according to Article 7 of GDPR. Amendment 619 # Marisa MATIAS Proposal for a regulation Article 19 – paragraph 2 (2) The entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing. Safeguards shall be provided to ensure that misleading marketing practices are not used to solicit donations of data. Possibilities for sanctions shall be provided for when acting against public interests, according to national laws. Amendment 620 # Dace MELBĀRDE Proposal for a regulation Article 19 – paragraph 2 (2) The entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing as well as that the obtained consent from data subjects or permissions to process data made available by legal persons can be easily withdrawn. Amendment 621 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 19 – paragraph 2 (2) The entity shall also ensure that the data is not be used for other purposes than those of ~~general~~public interest for which it permits the processing. Amendment 622 # Damian BOESELAGER Proposal for a regulation Article 19 – paragraph 2 (2) The entity shall also ensure that the data is not be used for other purposes than those of ~~general~~public interest for which it permits the processing. Amendment 623 # Damian BOESELAGER Proposal for a regulation Article 19 – paragraph 2 a (new) (2 a) The entity shall take measures to ensure a high level of security for the storage and processing of data that it has collected based on voluntary data sharing in the public interest or is responsible for in the exercise of its activities. Amendment 624 # Damian BOESELAGER Proposal for a regulation Article 19 – paragraph 3 (3) Where an entity entered in the register of ~~recogn~~authorised data altruism organisations provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place and provide tools for withdrawal of the consent. Amendment 625 # Dace MELBĀRDE Proposal for a regulation Article 19 – paragraph 3 (3) Where an entity entered in the register of recognised data altruism organisations provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions outside the Union in which the data use is intended to take place. Amendment 626 # Dace MELBĀRDE Competent authorities for registration of data altruism organisations Amendment 627 # Dace MELBĀRDE Proposal for a regulation Article 20 – paragraph 1 (1) Each Member State shall designate one or more competent authorities responsible for the register of recognised data altruism organisations and for the monitoring of compliance with the requirements of this Chapter. The designated competent authorities for the registration of data altruism organisations shall meet the requirements of Article 23. Amendment 628 # Ivo HRISTOV Proposal for a regulation Article 20 – paragraph 1 (1) Each Member State shall designate one or more competent authorities under Regulation 2018/679 responsible for the register of recognised data altruism organisations and for the monitoring of compliance with the requirements of this Chapter. The designated competent authorities shall meet the requirements of Article 23. Amendment 629 # Marisa MATIAS Proposal for a regulation Article 20 – paragraph 1 (1) Each Member State shall designate ~~one or more competent~~its data protection authorities responsible for the register of recognised data altruism organisations and for the monitoring of compliance with the requirements of this Chapter. The designated competent authorities shall meet the requirements of Article 23. Amendment 630 # Damian BOESELAGER Proposal for a regulation Article 20 – paragraph 1 (1) Each Member State shall designate one ~~or more~~ competent authorities responsible for the register of ~~recogn~~authorised data altruism organisations and for the monitoring of compliance with the requirements of this Chapter. The designated competent authorit~~ies~~y shall meet the requirements of Article 23. Amendment 631 # Damian BOESELAGER Proposal for a regulation Article 20 – paragraph 2 (2) Each Member State shall inform the Commission of the identity of the designated authorit~~ies~~y. Amendment 632 # Marina KALJURAND Proposal for a regulation Article 20 – paragraph 3 (3) The competent authority shall undertake its tasks in cooperation with the data protection authority, where such tasks are related to processing of personal data, and with relevant sectoral bodies of the same Member State. For any question requiring an assessment of compliance with Regulation (EU) 2016/679, the competent authority shall first seek an opinion or decision by the competent supervisory authority established pursuant to that Regulation and comply with that opinion or decision. The data protection authorities shall be designated as the main competent authorities for the supervision and enforcement of the provisions under Chapter IV of the Regulation. Amendment 633 # Dace MELBĀRDE Proposal for a regulation Article 20 – paragraph 3 (3) The competent authority for the registration of data altruism organisations shall undertake its tasks in cooperation with the data protection authority, where such tasks are related to processing of personal data, and with relevant sectoral bodies of the same Member State. For any question requiring an assessment of compliance with Regulation (EU) 2016/679, the competent authority shall first seek an opinion or decision by the competent supervisory authority established pursuant to that Regulation and comply with that opinion or decision. Amendment 634 # Marisa MATIAS Proposal for a regulation Article 21 – paragraph 1 (1) The ~~competent~~data protection authorityies shall monitor and supervise compliance of entities entered in the register of recognised data altruism organisations with the conditions laid down in this Chapter. Amendment 635 # Damian BOESELAGER Proposal for a regulation Article 21 – paragraph 1 (1) The competent authority shall monitor and supervise compliance of entities entered in the register of ~~recogn~~authorised data altruism organisations with the conditions laid down in this Chapter. Amendment 636 # Damian BOESELAGER Proposal for a regulation Article 21 – paragraph 2 (2) The competent authority shall have the power to request information from entities included in the register of ~~recogn~~authorised data altruism organisations ~~that is necessary to verify compliance with the provisions of this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned~~and all natural or legal persons that were given the possibility to process data held by data altruism organisations, that is necessary to verify compliance with the provisions of this Chapter. Amendment 637 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 21 – paragraph 3 (3) Where the competent authority finds that an entity does not comply with one or more of the requirements of this Chapter it shall notify the entity of those findings and give it the opportunity to state its views, within ~~a reasonable time limit~~30 days. Amendment 638 # Damian BOESELAGER Proposal for a regulation Article 21 – paragraph 5 – point a (a) lose its right to collect data made available by natural or legal persons on the basis of data altruism, perform the activities linked to the realisation of the data altruism purpose and refer to itself as a ‘data altruism organisation ~~recogn~~authorised in the Union’ in any written and spoken communication and are obliged to delete the data collected; Amendment 639 # Damian BOESELAGER Proposal for a regulation Article 21 – paragraph 5 – point b (b) be removed from the national and Union registers of ~~recogn~~authorised data altruism organisations. Amendment 640 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 21 – paragraph 5 – point b a (new) (b a) In the case that the entity wishes to make the request again, an appropriate period of at least 12 months must pass. If the entity runs into criminal problems of a certain entity, neither the company nor the persons responsible in other companies will no longer be able to apply for registration. Amendment 641 # Damian BOESELAGER Proposal for a regulation Article 21 – paragraph 5 a (new) (5 a) In this regard, the competent authorities shall be able, where appropriate: (a) to impose dissuasive financial penalties which may include periodic penalties with retroactive effect; (b) to impose immediate cessation or postponement of the provision of the data sharing service. Amendment 642 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 21 – paragraph 6 (6) If an entity included in the register of recognised data altruism organisations has its main establishment or legal representative in a Member State but is active in other Member States, the competent authority of the Member State of the main establishment or where the legal representative is located and the competent authorities of those other Member States shall cooperate and assist each other as necessary and they shall also comply with the rules of the most restrictive Member States in which they operate. Such assistance and cooperation may cover information exchanges between the competent authorities concerned and requests to take the supervisory measures referred to in this Article. Amendment 643 # Damian BOESELAGER Proposal for a regulation Article 21 – paragraph 6 (6) If an entity included in the register of ~~recogn~~authorised data altruism organisations has its main establishment or legal representative in a Member State but is active in other Member States, the competent authority of the Member State of the main establishment or where the legal representative is located and the competent authorities of those other Member States shall cooperate and assist each other as necessary. Such assistance and cooperation may cover information exchanges between the competent authorities concerned and requests to take the supervisory measures referred to in this Article. Amendment 644 # Damian BOESELAGER Proposal for a regulation Article 22 – title European data altruism consent ~~form~~tools Amendment 645 # Damian BOESELAGER Proposal for a regulation Article 22 – paragraph 1 (1) In order to facilitate the collection of data based on ~~data altruism~~voluntary data sharing in the public interest, the Commission ~~may~~shall adopt ~~implementing~~delegated acts developing a European data altruism consent ~~form. The~~tools, including a standardised form and requirements for online consent tools. The standardised form shall allow the collection of consent across Member States in a uniform format. Those ~~implementing~~delegated acts shall be adopted in accordance with the advisory procedure referred to in Article 2~~9 (2)~~8. Amendment 646 # Marisa MATIAS Proposal for a regulation Article 22 – paragraph 1 (1) In order to facilitate the collection of data based on data altruism, the ~~Commission may adopt implementing acts~~European Data Protection Board (EDPB) may develop~~ing~~ a European data altruism consent form. The Commission may be consulted. The form shall allow the collection of consent across Member States in a uniform format. ~~Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2).~~ Amendment 647 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 22 – paragraph 1 (1) In order to facilitate the collection of data based on data altruism, the Commission may adopt implementing acts developing a European data altruism consent form with cooperation of Data innovation board. The form shall allow the collection of consent across Member States in a uniform format. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2). Amendment 648 # Dace MELBĀRDE Proposal for a regulation Article 22 – paragraph 1 (1) In order to facilitate and ease the collection of data based on data altruism, the Commission may adopt implementing acts developing a European data altruism consent form. The form shall allow the collection of consent across Member States in a uniform format. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2). Amendment 649 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 22 – paragraph 2 (2) The European data altruism consent form shall use a modular approach allowing customisation for specific sectors and for different purposes leading to full understanding of the purpose. Amendment 650 # Damian BOESELAGER Proposal for a regulation Article 22 – paragraph 2 (2) The European data altruism consent ~~form~~tools shall use a modular approach allowing customisation for specific sectors and for different purposes. Amendment 651 # Ivo HRISTOV Proposal for a regulation Article 22 – paragraph 3 (3) Where personal data are provided, the European data altruism consent form shall ensure that data subjects are able to give consent to and withdraw consent from a specific data processing operation in compliance with the requirements of Regulation (EU) 2016/679. Data subjects shall be informed of the purposes of any subsequent use before they give their consent. Amendment 652 # Damian BOESELAGER Proposal for a regulation Article 22 – paragraph 3 (3) Where personal data are provided, the European data altruism consent ~~form~~tools shall ensure that data subjects are able to give consent to and withdraw consent from a specific data processing operation in compliance with the requirements of Regulation (EU) 2016/679. Agreement to non personal data processing shall be facilitated in a similar manner. Amendment 653 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 22 – paragraph 3 (3) Where personal data are provided, the European data altruism consent form shall ensure that data subjects are able to give free and unambiguous consent to and to be able withdraw their consent from a specific data processing operation in compliance with the requirements of Regulation (EU) 2016/679 at any time. Amendment 654 # Dace MELBĀRDE Proposal for a regulation Article 22 – paragraph 4 (4) The form shall be available in a ~~manner that can~~digital format that also permits it to be printed on paper and read by humans as well as in a~~n electronic,~~ machine-readable form. Amendment 655 # Damian BOESELAGER Proposal for a regulation Article 22 – paragraph 4 a (new) (4 a) The online consent tools shall include a minimal list of checks and balances allowing consent to be given and withdrawn in an easy to understand, timely and modular manner and a set of standardised visual indicators. Amendment 656 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 23 – title Requirements and procedures relating to competent authorities Amendment 657 # Dace MELBĀRDE Proposal for a regulation Article 23 – paragraph 1 (1) The competent authorities designated pursuant to Article 12 and Article 20 shall be legally distinct from, and functionally independent of any provider of data sharing services or entity included in the register of recognised data altruism organisations. The functions of the competent authorities designated pursuant to Article 12 and Article 20 may be carried out by the same entity. Amendment 658 # Damian BOESELAGER Proposal for a regulation Article 23 – paragraph 1 (1) The competent authorities designated pursuant to Article 12 and Article 20 shall be legally distinct from, and functionally independent of any provider of data sharing services or entity included in the register of ~~recogn~~authorised data altruism organisations. Amendment 659 # Damian BOESELAGER Proposal for a regulation Article 23 – paragraph 2 (2) Competent authorities shall exercise their tasks in an impartial, transparent, consistent, reliable and timely manner and safeguard fair competition and non-discriminatory access for individuals and small actors at all times. Amendment 660 # Dace MELBĀRDE Proposal for a regulation Article 23 – paragraph 5 (5) The competent authorities shall have at their disposal the adequate financial ~~and human~~, human and technical resources to carry out the tasks assigned to them~~, including the necessary technical knowledge and resources~~. Amendment 661 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 23 – paragraph 6 (6) The competent authorities of a Member State shall provide the Commission and competent authorities from other Member States, on reasoned request, with the information necessary to carry out their tasks under this Regulation. Where a national competent authority considers the information requested to be confidential in accordance with Union and national rules on national security, commercial and professional confidentiality, the Commission and any other competent authorities concerned shall ensure such confidentiality. reporting directly to the government of the Member States. Amendment 662 # Damian BOESELAGER Proposal for a regulation Article 24 – paragraph 1 (1) Natural and legal persons shall have the right to lodge a complaint, individually or by the representatives of one or more natural persons, with the relevant national competent authority against a provider of data sharing services or an entity entered in the register of ~~recogn~~authorised data altruism organisations. Amendment 663 # Damian BOESELAGER Proposal for a regulation Article 24 – paragraph 2 (2) The authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and of the decision taken, take immediate measures to prevent further infringements and shall inform the complainant of the right to an effective judicial remedy provided for in Article 25. Amendment 664 # Damian BOESELAGER Proposal for a regulation Article 25 – paragraph 1 – point -a (new) (-a) a breach of obligations stemming from the current Regulation, including but not limited to the purposes of data processing, consent mechanisms and exercise of voluntary data sharing for public interest activities by organisations that are not listed in the national data altruism registry. Amendment 665 # Damian BOESELAGER Proposal for a regulation Article 25 – paragraph 1 – point b (b) decisions of the competent authorities referred to in Articles 13, 17 and 21 taken in the management, control and enforcement of the notification regime for providers of data sharing services and the monitoring of entities entered into the register of ~~recogn~~authorised data altruism organisations. Amendment 666 # Damian BOESELAGER Proposal for a regulation Article 25 – paragraph 2 (2) Proceedings pursuant to this Article shall be brought before the courts of the Member State in which the authority against which the judicial remedy is sought is located individually or by the representatives of one or more natural persons. Amendment 667 # Miapetra KUMPULA-NATRI Proposal for a regulation Chapter V a (new) Va A governance for common European data spaces Article 25 a Design Principles for common European data spaces (1) The design of European data spaces should follow following principles; (i) The capability of a natural person or organisation for exclusive self- determination with regards to her personal data or its economic data goods. (ii) New entrants shall face no insurmountable barriers to entry because of monopolistic situations. Entry to data spaces is open to every actor that complies with its rules. Every actor is also free to exit from data space, subject to reasonable exit plan. (iii) The data spaces shall be a federated architecture and/or a collection of interoperable implementations of decentralised systems which comply to a unified set of agreements in all dimensions; functional, technical, operational, legal and economic. (iv) All stakeholders in a data space shall be accordingly represented and engaged in the governance of the data space. (2) The data spaces and the sharing of data within the space shall be cybersecurity by design and according to union law; (3) The data space should appoint a representative to represent the space at Data Innovation Board and/or Exchange Board. Amendment 668 # Zdzisław KRASNODĘBSKI, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 26 (1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spaces and other representatives of competent authorities in specific sectors. (2) Stakeholders and relevant third parties may be invited to attend meetings of the Board and to participate in its work. (3) The Commission shall chair the meetings of the Board. (4) The Board shall be assisted by a secretariat provided by the Commission.Article 26 deleted European Data Innovation Board Amendment 669 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 26 – paragraph 1 (1) The Commission shall establish a European Data Innovation Board (“the Board”) ~~in the form of an Expert Group~~, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spaces the representative of datas pace support center, and other representatives of competent authorities in specific sectors, and standardisation organisations. Amendment 670 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 26 – paragraph 1 (1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, ~~relevant data space~~the EU SME Envoy or a representative appointed by the network of SME envoys and other representatives of relevant Agencies or competent authorities in specific sectors. Amendment 671 # Marisa MATIAS Proposal for a regulation Article 26 – paragraph 1 (1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, ~~relevant data space~~European social partners, civil society organisations and other representatives of competent authorities in specific sectors. Amendment 672 # Damian BOESELAGER Proposal for a regulation Article 26 – paragraph 1 (1) The Commission shall establish a European Data Innovation Board (“the Board”) ~~in the form of an Expert Group~~, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spaces and other representatives of competent authorities in specific sectors , as well as standardisation organisations. Amendment 673 # Dace MELBĀRDE Proposal for a regulation Article 26 – paragraph 1 (1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spaces and other representatives of ~~competent authoritie~~relevant stakeholders in specific sectors. Amendment 674 # Marisa MATIAS Proposal for a regulation Article 26 – paragraph 1 a (new) (1 a) The composition shall guarantee a fair distribution of the different third parties between public actors including the Commission, private actors as well as civil society and social partners; Amendment 675 # Angelika NIEBLER, Adam JARUBAS, Jerzy BUZEK Proposal for a regulation Article 26 – paragraph 2 (2) ~~Stakeholders and relevant third parties may be invited~~The Board shall establish a Data Innovation Advisory Council (the “Advisory Council”). The Advisory Council shall be composed of relevant representatives from industry, SMEs, research, standardisation organisations and other relevant stakeholders and third parties invited from all Member States to maintain geographically balanced representativeness. The Advisory Council shall nominate a representative to attend meetings of the Board and to participate in its work. Amendment 676 # Damian BOESELAGER Proposal for a regulation Article 26 – paragraph 2 (2) ~~Stakeholders and relevant third parties may be invited~~The Board shall establish a Data Innovation Advisory Council (the “Advisory Council”). The Advisory Council shall be proportionally composed of a number between 15 to 30 representatives from industry including SMEs, research, civils society, standardisation organisations and other relevant stakeholders or third parties appointed by the Board. The Advisory Council shall nominate a representative to attend meetings of the Board and to participate in its work. Amendment 677 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 26 – paragraph 2 (2) Stakeholders and relevant third parties ~~may~~, including representatives of national, trans-national or Common European data spaces, businesses, researchers, civil society shall be invited regularly to attend meetings of the Board and to participate in its work. Amendment 678 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 26 – paragraph 2 (2) Stakeholders ~~and relevant third parties may~~, civil society organisations and relevant third parties, including SME representatives and social partners, shall be invited to attend meetings of the Board and to participate in its work, where relevant. Amendment 679 # Cyrus ENGERER Proposal for a regulation Article 26 – paragraph 2 (2) Stakeholders ~~and relevant third parties may~~, civil society organisations and relevant third parties, including SME representatives and social partners, shall be invited to attend meetings of the Board and to participate in its work, where relevant. Amendment 680 # Marisa MATIAS Proposal for a regulation Article 26 – paragraph 2 (2) Stakeholders and relevant third parties may be invited to attend meetings of the Board and to participate in its work provided a public report of their communication to the Board. Amendment 681 # Dace MELBĀRDE Proposal for a regulation Article 26 – paragraph 2 (2) Stakeholders and relevant third parties ~~may~~shall be invited to attend meetings of the Board and to participate in its work. Amendment 682 # Cyrus ENGERER Proposal for a regulation Article 26 – paragraph 2 a (new) (2 a) The Commission shall ensure a balanced composition of the invitations of stakeholders to participate in the work of the Board, accounting for gender as well as geographical diversity, and made up of members with diverse industrial backgrounds, with a well thought out selection process. Amendment 683 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 26 – paragraph 2 a (new) (2 a) The Commission shall ensure a balanced composition of the invitations of stakeholders to participate in the work of Board, accounting for gender as well as geographical diversity, and made up of members with diverse industrial backgrounds, with a well thought out selection process. Amendment 684 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 26 – paragraph 3 (3) The Commission shall chair the meetings of the Board which may be conducted in different configurations, depending on the subjects to be discussed. Amendment 685 # Damian BOESELAGER Proposal for a regulation Article 26 – paragraph 4 a (new) (4 a) The selection of the Board and the members of the Advisory Council shall be made based on gender balanced nominations and with a view of achieving gender balance in the representation. Amendment 686 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 26 – paragraph 4 a (new) (4 a) The data protection supervisory authorities established under national and Union law are the “competent authority”, insofar as the processing of personal data is concerned. Amendment 687 # Dace MELBĀRDE Proposal for a regulation Article 26 – paragraph 4 a (new) (4 a) The Board's deliberations and, where relevant, documents shall be made public. Amendment 688 # Dace MELBĀRDE Proposal for a regulation Article 27 – title Tasks of the European Data Innovation Board Amendment 689 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 27 – paragraph 1 – point -a (new) (-a) to assist and advise the Commission and the emerging data spaces on how to enable the interoperability, and if possible, scalability, of the emerging data spaces within the Union. This assistance could include assistance on agreeing principles on soft infrastructure (standards) as well as assistance on how to get the best out of the financial help under Digital Europe Programme. Amendment 690 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 27 – paragraph 1 – point -a a (new) (-a a) to advise and assist the Commission on a soft infrastructure with data sovereignty as key design principle, to form a set of agreements enabling a unified way for control over data Amendment 691 # Dace MELBĀRDE Proposal for a regulation Article 27 – paragraph 1 – point b (b) to advise and assist the Commission in developing a consistent practice of the competent authorities in the application of requirements applicable to data sharing providers as well as entities carrying out activities in relation to data altruism; Amendment 692 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 27 – paragraph 1 – point b (b) to advise and assist the Commission in developing a consistent practice of the competent authorities in the application of requirements applicable to data sharing providers and data altruism organisations; Amendment 693 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 27 – paragraph 1 – point b a (new) (b a) to advise and assist the Commission in developing consistent guidelines on how to best protect, in the context of this Regulation, commercially sensitive data of non-personal nature, notably trade secrets, but also non- personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. Amendment 694 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 27 – paragraph 1 – point b a (new) (b a) to advise and assist the Commission in developing consistent guidelines for increase a data literacy and that looks at the technology transfer from research, thanks to an expansion of the resources available to those involved in data literacy training, associations, cooperatives and in general to innovation brokers. Amendment 695 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 27 – paragraph 1 – point c (c) to advise the Commission on the prioritisation of cross-sector standards to be used and developed for data use and cross-sector data sharing between emerging data spaces, cross-sectoral comparison and exchange of best practices with regards to sectoral requirements for security, access procedures, while taking into account sector-specific standardisations activities in particular in clarifying and distinguishing which standards and practices are cross-sectoral and which are sectoral;; Amendment 696 # Damian BOESELAGER Proposal for a regulation Article 27 – paragraph 1 – point c (c) to advise the Commission on the prioritisation of cross-sector standards to be used and developed for data use and cross-sector data sharing, cross-sectoral comparison and exchange of best practices with regards to sectoral requirements for security, access procedures, while taking into account sector-specific standardisations activities, in particular in clarifying and distinguishing which standards and practices are cross-sectoral and which are sectoral; Amendment 697 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 27 – paragraph 1 – point c a (new) (c a) to collaborate with sectoral boards and expert groups which may be established in establishing data spaces to perform similar but sector specific tasks defined in (a) – (e) for The Board for cross-sectoral data sharing. Amendment 698 # Damian BOESELAGER Proposal for a regulation Article 27 – paragraph 1 – point d (d) to assist the Commission in enhancing the interoperability of data as well as data sharing services between different sectors and domains, building on existing European, international or national standards and to assist and advice the EU institutions and the emerging data spaces, including on financial assistance through European programmes such as the Digital Europe Programme; Amendment 699 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 27 – paragraph 1 – point d (d) to assist the Commission in addressing fragmentation of the data economy in the single market by enhancing the interoperability of data as well as data sharing services between different sectors and domains, building on existing European, international or national standards, inter alia with the aim of encouraging the creation of Common European data spaces; Amendment 700 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 27 – paragraph 1 – point d a (new) (d a) establish a permanent sub group called the Data Exchange Board (“the DEB”) in the form of an expert group consisting of actors that have a direct interest in the establishment, governance, and adoption of a standardised approach to data sharing and exchange with the help of European data spaces and to support it in defining the interoperability measures for the data intermediaries. These actors should be researchers, practitioners, and public and private initiatives for data sharing and exchange. Amendment 701 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 27 – paragraph 1 – point d a (new) (d a) In addition, it should assist the Commission in defining policies and strategies with the aim of avoiding any cases of data manipulation and the creation of "false data", which could cause serious damage to various sectors. With reference to 'false data', the Board could evaluate the possibility of creating a "data passport" containing certified or certifiable data, in order to exclude any attempt to falsify the data. Amendment 702 # Eva KAILI Proposal for a regulation Article 27 – paragraph 1 – point d a (new) (d a) to maintain a registry of applications and use cases that demonstrate the value of data sharing, contributing to a level playing field and enabling participating stakeholders to identify which data assets to share for and the corresponding objectives of the exchange scheme; Amendment 703 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Susana SOLÍS PÉREZ Proposal for a regulation Article 27 – paragraph 1 – point d a (new) (d a) To advise the Member States and the Commission on the possibility to set harmonised conditions allowing for re- use of data referred to in Article 3 (1) held by public sector bodies across the single market; Amendment 704 # Dace MELBĀRDE Proposal for a regulation Article 27 – paragraph 1 – point d a (new) (d a) to advise and assist the Commission in developing consistent guidelines for cybersecurity requirements for the exchange and storage of data; Amendment 705 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 27 – paragraph 1 – point d b (new) (d b) The data innovation board shall task the permanent Data Exchange Board to detail, maintain and adopt the agreements, that will ultimately define the soft infrastructure. The DEP shall also leverage all existing technological developments and collect the input from all stakeholders (data space users, data intermediaries , technology providers, public sector, etc.). Amendment 706 # Eva KAILI Proposal for a regulation Article 27 – paragraph 1 – point d b (new) (d b) to advise the Commission on the improvement of funding of use cases through mechanisms such as Horizon Europe and the Digital Europe Programme, building on the knowledge gathered from the applications and use cases within its registry; Amendment 707 # Eva KAILI Proposal for a regulation Article 27 – paragraph 1 – point d c (new) (d c) to advise the Commission in providing guidance to Member States on the contractual arrangements, rights and responsibilities for data sharing; Amendment 708 # Angelika NIEBLER, Pilar del CASTILLO VERA, Tom BERENDSEN, Dan-Ştefan MOTREANU, Eva MAYDELL, Franc BOGOVIČ, Marion WALSMANN, Jens GIESEKE, Henna VIRKKUNEN, Adam JARUBAS, Seán KELLY, Maria da Graça CARVALHO, Ivan ŠTEFANEC, Cristian-Silviu BUŞOI, Ioan-Rareş BOGDAN Proposal for a regulation Article 27 – paragraph 1 – point e (e) to facilitate the cooperation between national competent authorities, the Commission and other European and international bodies under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations. Amendment 709 # Dace MELBĀRDE Proposal for a regulation Article 27 – paragraph 1 – point e (e) to facilitate the cooperation between national competent authorities and, where relevant, European and international bodies under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations. Amendment 710 # Damian BOESELAGER Proposal for a regulation Article 27 – paragraph 1 – point e (e) to facilitate the cooperation between national competent authorities under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of ~~recogn~~authorised data altruism organisations. Amendment 711 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 27 – paragraph 1 – point e a (new) (e a) The advise the European Commission on data protection matters and the development of consistent practices related to the processing of personal data that do not fall within the competences attributed to the European Data Innovation Board. Amendment 712 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 27 – paragraph 1 – point e a (new) (e a) to facilitate cooperation between Member States in relation to the rules on penalties laid down by the Member States pursuant to Article 31 and to issue recommendations as regards the harmonisation of those penalties across the Union. Amendment 713 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 27 – paragraph 1 – point e a (new) (e a) to advise the Commission in the decision of adopting implementing acts referred to in article 5 (9); Amendment 714 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 27 – paragraph 1 – point e b (new) (e b) to assist the Commission in the discussions conducted at bilateral, plurilateral or multilateral level with third countries aimed at improving the regulatory environment for non-personal data, including standardisation, at global level; Amendment 715 # Evžen TOŠENOVSKÝ, Zdzisław KRASNODĘBSKI, Jessica STEGRUD Proposal for a regulation Article 28 (1) The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. (2) The power to adopt delegated acts referred to in Article 5 (11) shall be conferred on the Commission for an indeterminate period of time from […]. (3) The delegation of power referred to in Article 5 (11) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. (4) Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. (5) As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. (6) A delegated act adopted pursuant to Article 5 (11) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.Article 28 deleted Exercise of the Delegation Amendment 716 # Marisa MATIAS Proposal for a regulation Article 28 – paragraph 6 (6) A delegated act adopted pursuant to Article 5 (11) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and to the Council ~~or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object~~. That period shall be extended by three months at the initiative of the European Parliament or of the Council. Amendment 717 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 29 – paragraph 2 (2) Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply. Amendment 718 # Marisa MATIAS Proposal for a regulation Article 30 – paragraph 1 (1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to ~~prevent~~forbid transfer or access to non-personal data held in the Union ~~where such transfer or access would create a conflict with Union law or the law of the relevant Member State, unless the transfer or access are in line with paragraph 2 or 3~~. Amendment 719 # Damian BOESELAGER Proposal for a regulation Article 30 – paragraph 1 (1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of ~~recogn~~authorised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to prevent transfer or access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State, unless the transfer or access are in line with paragraph 2 or 3. Amendment 720 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 30 – paragraph 1 (1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to prevent transfer or access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State, ~~unless the transfer or access are in line with~~without prejudice to paragraph 2 or 3. Amendment 721 # Elena LIZZI, Paolo BORCHIA, Isabella TOVAGLIERI, Gianna GANCIA, Joëlle MÉLIN Proposal for a regulation Article 30 – paragraph 1 (1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to prevent transfer or access to non-personal sensitive data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State~~, unless the~~ prohibiting such transfer or access ~~are in line with paragraph 2 or 3~~. Amendment 722 # Damian BOESELAGER Proposal for a regulation Article 30 – paragraph 2 (2) Any judgment of a court or tribunal and any 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 ~~recogn~~authorised 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 723 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 30 – paragraph 3 – introductory part (3) WIn the absence of such an international agreement, where 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 is the addressee of a decision of a court or of an administrative authority of a third country to transfer from or give access to non- personal data held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only: Amendment 724 # Damian BOESELAGER Proposal for a regulation Article 30 – paragraph 3 – introductory part (3) Where 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 ~~recogn~~authorised data altruism organisations is the addressee of a decision of a court or of an administrative authority of a third country to transfer from or give access to non-personal data held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only: Amendment 725 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD The addressee of the decision ~~shall~~may ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulation, in order to determine if these conditions are met. The relevant competent bodies shall exchange information on international access requests in the framework of the European Data Innovation Board. Amendment 726 # Dace MELBĀRDE Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 The addressee of the decision ~~shall~~may ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulation, in order to determine if these conditions are met. Amendment 727 # Marisa MATIAS Proposal for a regulation Article 30 – paragraph 4 (4) If the conditions in paragraph 2, or 3 are met, the public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall, provide the minimum amount of non-personal data permissible in response to a request, based on a reasonable interpretation of the request. Amendment 728 # Damian BOESELAGER Proposal for a regulation Article 30 – paragraph 4 (4) If the conditions in paragraph 2, or 3 are met, the public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of ~~recogn~~authorised data altruism organisations, as the case may be, shall, provide the minimum amount of data permissible in response to a request, based on a reasonable interpretation of the request. Amendment 729 # Christophe GRUDLER, Valérie HAYER, Dragoş PÎSLARU, Sylvie BRUNET, Sandro GOZI, Stéphanie YON-COURTIN, Catherine CHABAUD Proposal for a regulation Article 30 – paragraph 5 (5) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider and the entity providing data altruism shall inform the data subject or the data holder about the existence of a request of an administrative authority in a third-country to access its data before complying to the request, except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity. Amendment 730 # Damian BOESELAGER Proposal for a regulation Article 30 – paragraph 5 (5) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing services provider and the entity providing ~~data altruism~~voluntary data sharing in the public interest shall inform the data holder about the existence of a request of an administrative authority in a third-country to access its data, except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity. Amendment 731 # Miapetra KUMPULA-NATRI Proposal for a regulation Article 31 – paragraph 1 Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures by [date of application of the Regulation] and shall notify the Commission without delay of any subsequent amendment affecting them. For those who infringe the provisions on data altruism, Member States may impose financial sanctions. Amendment 732 # Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Elżbieta KRUK, Pietro FIOCCHI Proposal for a regulation Article 31 – paragraph 1 Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The penalties system shall be based on the recommendations from the European Data Innovation Board. Member States shall notify the Commission of those rules and measures by [date of application of the Regulation] and shall notify the Commission without delay of any subsequent amendment affecting them. Amendment 733 # Damian BOESELAGER Proposal for a regulation Article 31 – paragraph 1 ~~Member States shall lay down the rules~~ By 31st December 2021 the Commission shall adopt an implementing act developing a common penalties system applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures by [date of application of the Regulation] and shall notify the Commission without delay of any subsequent amendment affecting them, complementing the provisions of GDPR or other applicable acts. The implementing act shall be adopted in accordance with the advisory procedure referred to in Article 29 (2). Amendment 734 # Antonio TAJANI, Andrea CAROPPO, Salvatore DE MEO, Aldo PATRICIELLO, Massimiliano SALINI Proposal for a regulation Article 32 – paragraph 1 By [~~four~~two years after the datae 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 State~~ and all other relevant stakeholders. Member States, data intermediaries, industrial associations and all the other relevant stakeholders shall provide the Commission with the information necessary for the preparation of that report. Amendment 735 # Marisa MATIAS Proposal for a regulation Article 32 – paragraph 1 By [~~four~~two 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, DPAs and the European Data Protection Board (EDPB). Member States shall provide the Commission with the information necessary for the preparation of that report. Amendment 736 # Damian BOESELAGER Proposal for a regulation Article 32 – paragraph 1 By [~~four~~three 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. Amendment 737 # Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ Proposal for a regulation Article 32 – paragraph 1 By [~~four~~two 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. Amendment 738 # Damian BOESELAGER Proposal for a regulation Article 34 – paragraph 1 Entities providing the data sharing services provided in Article 9(1) on the date of entry into force of this Regulation shall comply with the obligations set out in Chapter III by [date - ~~2 year~~6 months after the start date of the application of the Regulation] at the latest. Amendment 739 # Evžen TOŠENOVSKÝ Proposal for a regulation Article 35 – paragraph 2 It shall apply from [124 months after its entry into force]. source: 691.468

Amendment 109 #

Proposal for a regulation
Recital 1

(1) The Treaty on the functioning of the European Union (‘TFEU’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. The establishment of common rules and practices in the Member States relating to the development of a framework for data governance should contribute to the achievement of those objectives. It should also guarantee security, geopolitical resilience, and strategic autonomy of the Union.

Amendment 110 #

Miapetra KUMPULA-NATRI

Proposal for a regulation
Recital 1

(1) The Treaty on the functioning of the European Union (‘TFEU’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. The establishment of common rules and practices in the Member States relating to the development of a framework for data governance embedded fundamental rights-based European values should contribute to the achievement of those objectives.

Amendment 111 #

Marisa MATIAS

Proposal for a regulation
Recital 1 a (new)

(1 a) Both Article 6(2) of the Treaty on European Union and Article 51 of the EU Charter of Fundamental Rights require the Union to respect fundamental rights, observe the principles and promote the application thereof.

Amendment 112 #

Miapetra KUMPULA-NATRI

Proposal for a regulation
Recital 2

(2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life, and the COVID19 crisis is likely to result in permanent changes to life in Europe, in which digitalisation will have a major role. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits both for citizens and the economy, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. COVID 19 is also widening the digital gap, especially the gender gap as women's digital literacy is lagging behind while the majority of services are digitalised. It is necessary to promote gender balance in the digital sector, bearing in mind the way people and companies use ICT and other digital technologies to work and interact in the new digital society. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final.

Amendment 113 #

Nicola DANTI, Ivars IJABS, Andrus ANSIP, Klemen GROŠELJ, Martina DLABAJOVÁ, Dragoş PÎSLARU, Iskra MIHAYLOVA, Christophe GRUDLER, Sandro GOZI, Bart GROOTHUIS, Valérie HAYER, Susana SOLÍS PÉREZ

Proposal for a regulation
Recital 2

(2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . The data economy has to be built in a way to enable companies, especially micro, small and medium sized enterprises (SMEs) to thrive, ensuring data access neutrality, portability and interoperability. In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law, which can be pivotal for the rapid development of Artificial Intelligence technologies. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final.

Amendment 114 #

docs/7	date 2021-03-24T00:00:00 docs url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0767 title: COM(2020)0767 type Contribution body CZ_SENATE
docs/8	date 2021-02-24T00:00:00 docs url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0767 title: COM(2020)0767 type Contribution body PL_SENATE
docs/9	date 2021-02-19T00:00:00 docs url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0767 title: COM(2020)0767 type Contribution body DE_BUNDESRAT

docs/4	date 2021-04-27T00:00:00 docs url: https://www.europarl.europa.eu/doceo/document/ITRE-AM-691449_EN.html title: PE691.449 type Amendments tabled in committee body EP
docs/5	date 2021-04-27T00:00:00 docs url: https://www.europarl.europa.eu/doceo/document/ITRE-AM-691468_EN.html title: PE691.468 type Amendments tabled in committee body EP
docs/6	date 2021-04-27T00:00:00 docs url: https://www.europarl.europa.eu/doceo/document/ITRE-AM-692584_EN.html title: PE692.584 type Amendments tabled in committee body EP

docs/0	date 2020-11-25T00:00:00 docs url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2020/0767/COM_COM(2020)0767_EN.pdf title: COM(2020)0767 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2020&nu_doc=0767 title: EUR-Lex summary PURPOSE: to promote the availability of data for use, by proposing measures to stimulate data sharing and to support the European Data Spaces. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: this proposal for a Regulation on European Data Governance (Data Governance Act) is the first concrete action in the framework of the European Data Strategy . In its Data Strategy, the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the EU in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union. The Commission proposed to establish domain specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. Such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. In this context, it is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. A single market for data should ensure that data from the public sector, businesses and citizens can be accessed and used in the most effective and responsible manner possible, while businesses and citizens keep control of the data they generate and the investments made into their collection are safeguarded. IMPACT ASSESSMENT: according to the impact assessment support study, while in the baseline scenario the data economy and the economic value of data sharing is expected to increase to an estimated EUR 510-533 billion (3.87% of GDP), this would rise to EUR 540.7-544.4 billion (3.92%-3.95% of GDP) depending on the preferred option. CONTENT: the proposed Regulation aims to promote the availability of data for use, by increasing trust in data intermediaries and strengthening data sharing mechanisms across the EU. Re-use of certain data held by the public sector The proposal creates a mechanism to enhance the use of certain public sector data, conditional on the respect of the rights of others (notably on grounds of protection of personal data, but also protection of intellectual property rights and commercial confidentiality). Public sector bodies authorising such re-use should be technically equipped to ensure that data protection, privacy and confidentiality are fully preserved. The proposal: - defines a set of harmonised basic conditions, the respect of which would allow the re-use of data (e.g. the non-exclusivity requirement); - obliges Member States to set up (i) a single contact point to help researchers and innovative companies select identify suitable data, and (ii) structures that will support public sector bodies with technical means and legal assistance. Creation of a notification regime for data sharing service providers In order to increase trust in the sharing of personal and non-personal data and lower transaction costs to B2B and C2B data sharing by creating a notification regime for data sharing providers, providers of data-sharing services would have to comply with a number of requirements, including the obligation to remain neutral with regard to the data exchanged and not to use such data for other purposes. A competent authority designated by the Member States would be responsible for monitoring compliance with the requirements relating to the provision of data sharing services. Data Altruism In order to facilitate altruistic data (data voluntarily made available by individuals or companies for the common good), the proposal gives data altruistic organisations the possibility to register as a ‘Data Altruism Organisation recognised in the EU’ in order to increase trust in their operations. Governance The proposal: - sets out the requirements for the functioning of the competent authorities designated to monitor and implement the notification framework for data-sharing service providers and entities engaged in data altruism. It also contains provisions on the right to lodge complaints against the decisions of such bodies and on the means of judicial redress; - creates a formal expert group (the ‘European Data Innovation Board’), which will facilitate the emergence of best practice by Member State authorities and advise the Commission on the governance of cross-sectoral standardisation. type Legislative proposal body EC
events/0	date 2020-12-14T00:00:00 type ?!oeil-ANPRO!?
events/0	date 2020-11-25T00:00:00 type Legislative proposal published body EC docs url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2020/0767/COM_COM(2020)0767_EN.pdf title: COM(2020)0767 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2020&nu_doc=0767 title: EUR-Lex summary PURPOSE: to promote the availability of data for use, by proposing measures to stimulate data sharing and to support the European Data Spaces. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: this proposal for a Regulation on European Data Governance (Data Governance Act) is the first concrete action in the framework of the European Data Strategy . In its Data Strategy, the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the EU in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union. The Commission proposed to establish domain specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. Such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. In this context, it is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. A single market for data should ensure that data from the public sector, businesses and citizens can be accessed and used in the most effective and responsible manner possible, while businesses and citizens keep control of the data they generate and the investments made into their collection are safeguarded. IMPACT ASSESSMENT: according to the impact assessment support study, while in the baseline scenario the data economy and the economic value of data sharing is expected to increase to an estimated EUR 510-533 billion (3.87% of GDP), this would rise to EUR 540.7-544.4 billion (3.92%-3.95% of GDP) depending on the preferred option. CONTENT: the proposed Regulation aims to promote the availability of data for use, by increasing trust in data intermediaries and strengthening data sharing mechanisms across the EU. Re-use of certain data held by the public sector The proposal creates a mechanism to enhance the use of certain public sector data, conditional on the respect of the rights of others (notably on grounds of protection of personal data, but also protection of intellectual property rights and commercial confidentiality). Public sector bodies authorising such re-use should be technically equipped to ensure that data protection, privacy and confidentiality are fully preserved. The proposal: - defines a set of harmonised basic conditions, the respect of which would allow the re-use of data (e.g. the non-exclusivity requirement); - obliges Member States to set up (i) a single contact point to help researchers and innovative companies select identify suitable data, and (ii) structures that will support public sector bodies with technical means and legal assistance. Creation of a notification regime for data sharing service providers In order to increase trust in the sharing of personal and non-personal data and lower transaction costs to B2B and C2B data sharing by creating a notification regime for data sharing providers, providers of data-sharing services would have to comply with a number of requirements, including the obligation to remain neutral with regard to the data exchanged and not to use such data for other purposes. A competent authority designated by the Member States would be responsible for monitoring compliance with the requirements relating to the provision of data sharing services. Data Altruism In order to facilitate altruistic data (data voluntarily made available by individuals or companies for the common good), the proposal gives data altruistic organisations the possibility to register as a ‘Data Altruism Organisation recognised in the EU’ in order to increase trust in their operations. Governance The proposal: - sets out the requirements for the functioning of the competent authorities designated to monitor and implement the notification framework for data-sharing service providers and entities engaged in data altruism. It also contains provisions on the right to lodge complaints against the decisions of such bodies and on the means of judicial redress; - creates a formal expert group (the ‘European Data Innovation Board’), which will facilitate the emergence of best practice by Member State authorities and advise the Commission on the governance of cross-sectoral standardisation.
events/1	date 2020-12-14T00:00:00 type ?!oeil-ANPRO!?
events/1/type	Old ?!oeil-ANPRO!? New Committee referral announced in Parliament, 1st reading

docs/0	date 2020-11-25T00:00:00 docs url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2020/0767/COM_COM(2020)0767_EN.pdf title: COM(2020)0767 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2020&nu_doc=0767 title: EUR-Lex summary PURPOSE: to promote the availability of data for use, by proposing measures to stimulate data sharing and to support the European Data Spaces. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: this proposal for a Regulation on European Data Governance (Data Governance Act) is the first concrete action in the framework of the European Data Strategy . In its Data Strategy, the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the EU in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union. The Commission proposed to establish domain specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. Such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. In this context, it is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. A single market for data should ensure that data from the public sector, businesses and citizens can be accessed and used in the most effective and responsible manner possible, while businesses and citizens keep control of the data they generate and the investments made into their collection are safeguarded. IMPACT ASSESSMENT: according to the impact assessment support study, while in the baseline scenario the data economy and the economic value of data sharing is expected to increase to an estimated EUR 510-533 billion (3.87% of GDP), this would rise to EUR 540.7-544.4 billion (3.92%-3.95% of GDP) depending on the preferred option. CONTENT: the proposed Regulation aims to promote the availability of data for use, by increasing trust in data intermediaries and strengthening data sharing mechanisms across the EU. Re-use of certain data held by the public sector The proposal creates a mechanism to enhance the use of certain public sector data, conditional on the respect of the rights of others (notably on grounds of protection of personal data, but also protection of intellectual property rights and commercial confidentiality). Public sector bodies authorising such re-use should be technically equipped to ensure that data protection, privacy and confidentiality are fully preserved. The proposal: - defines a set of harmonised basic conditions, the respect of which would allow the re-use of data (e.g. the non-exclusivity requirement); - obliges Member States to set up (i) a single contact point to help researchers and innovative companies select identify suitable data, and (ii) structures that will support public sector bodies with technical means and legal assistance. Creation of a notification regime for data sharing service providers In order to increase trust in the sharing of personal and non-personal data and lower transaction costs to B2B and C2B data sharing by creating a notification regime for data sharing providers, providers of data-sharing services would have to comply with a number of requirements, including the obligation to remain neutral with regard to the data exchanged and not to use such data for other purposes. A competent authority designated by the Member States would be responsible for monitoring compliance with the requirements relating to the provision of data sharing services. Data Altruism In order to facilitate altruistic data (data voluntarily made available by individuals or companies for the common good), the proposal gives data altruistic organisations the possibility to register as a ‘Data Altruism Organisation recognised in the EU’ in order to increase trust in their operations. Governance The proposal: - sets out the requirements for the functioning of the competent authorities designated to monitor and implement the notification framework for data-sharing service providers and entities engaged in data altruism. It also contains provisions on the right to lodge complaints against the decisions of such bodies and on the means of judicial redress; - creates a formal expert group (the ‘European Data Innovation Board’), which will facilitate the emergence of best practice by Member State authorities and advise the Commission on the governance of cross-sectoral standardisation. type Legislative proposal body EC
docs/3	date 2021-03-26T00:00:00 docs url: https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE691.139 title: PE691.139 type Committee draft report body EP
docs/4	date 2021-03-26T00:00:00 docs url: https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE691.139 title: PE691.139 type Committee draft report body EP
docs/4/docs/0/url	Old https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE691.139 New https://www.europarl.europa.eu/doceo/document/ITRE-PR-691139_EN.html
events/0	date 2020-12-14T00:00:00 type ?!oeil-ANPRO!?
events/0	date 2020-11-25T00:00:00 type Legislative proposal published body EC docs url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2020/0767/COM_COM(2020)0767_EN.pdf title: COM(2020)0767 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2020&nu_doc=0767 title: EUR-Lex summary PURPOSE: to promote the availability of data for use, by proposing measures to stimulate data sharing and to support the European Data Spaces. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: this proposal for a Regulation on European Data Governance (Data Governance Act) is the first concrete action in the framework of the European Data Strategy . In its Data Strategy, the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the EU in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union. The Commission proposed to establish domain specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. Such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. In this context, it is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. A single market for data should ensure that data from the public sector, businesses and citizens can be accessed and used in the most effective and responsible manner possible, while businesses and citizens keep control of the data they generate and the investments made into their collection are safeguarded. IMPACT ASSESSMENT: according to the impact assessment support study, while in the baseline scenario the data economy and the economic value of data sharing is expected to increase to an estimated EUR 510-533 billion (3.87% of GDP), this would rise to EUR 540.7-544.4 billion (3.92%-3.95% of GDP) depending on the preferred option. CONTENT: the proposed Regulation aims to promote the availability of data for use, by increasing trust in data intermediaries and strengthening data sharing mechanisms across the EU. Re-use of certain data held by the public sector The proposal creates a mechanism to enhance the use of certain public sector data, conditional on the respect of the rights of others (notably on grounds of protection of personal data, but also protection of intellectual property rights and commercial confidentiality). Public sector bodies authorising such re-use should be technically equipped to ensure that data protection, privacy and confidentiality are fully preserved. The proposal: - defines a set of harmonised basic conditions, the respect of which would allow the re-use of data (e.g. the non-exclusivity requirement); - obliges Member States to set up (i) a single contact point to help researchers and innovative companies select identify suitable data, and (ii) structures that will support public sector bodies with technical means and legal assistance. Creation of a notification regime for data sharing service providers In order to increase trust in the sharing of personal and non-personal data and lower transaction costs to B2B and C2B data sharing by creating a notification regime for data sharing providers, providers of data-sharing services would have to comply with a number of requirements, including the obligation to remain neutral with regard to the data exchanged and not to use such data for other purposes. A competent authority designated by the Member States would be responsible for monitoring compliance with the requirements relating to the provision of data sharing services. Data Altruism In order to facilitate altruistic data (data voluntarily made available by individuals or companies for the common good), the proposal gives data altruistic organisations the possibility to register as a ‘Data Altruism Organisation recognised in the EU’ in order to increase trust in their operations. Governance The proposal: - sets out the requirements for the functioning of the competent authorities designated to monitor and implement the notification framework for data-sharing service providers and entities engaged in data altruism. It also contains provisions on the right to lodge complaints against the decisions of such bodies and on the means of judicial redress; - creates a formal expert group (the ‘European Data Innovation Board’), which will facilitate the emergence of best practice by Member State authorities and advise the Commission on the governance of cross-sectoral standardisation.
events/1	date 2020-12-14T00:00:00 type Committee referral announced in Parliament, 1st reading/single reading body EP

committees/0	type Responsible Committee body EP committee_full Industry, Research and Energy committee ITRE associated False rapporteur name: NIEBLER Angelika date: 2020-12-17T00:00:00 group: Group of European People's Party abbr: EPP shadows name: KUMPULA-NATRI Miapetra group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D name: DANTI Nicola group: Renew Europe group abbr: Renew name: LIZZI Elena group: Identity and Democracy abbr: ID name: BOESELAGER Damian group: Group of the Greens/European Free Alliance abbr: Verts/ALE name: MELBĀRDE Dace group: European Conservatives and Reformists Group abbr: ECR name: MATIAS Marisa group: GUE/NGL abbr: Confederal Group of the European United Left
committees/0	type Responsible Committee body EP committee_full Industry, Research and Energy committee ITRE associated False rapporteur name: NIEBLER Angelika date: 2020-12-17T00:00:00 group: ??? abbr: Unknown Group shadows name: KUMPULA-NATRI Miapetra group: ??? abbr: Unknown Group name: DANTI Nicola group: Renew Europe group abbr: Renew name: LIZZI Elena group: ??? abbr: Unknown Group name: BOESELAGER Damian group: ??? abbr: Unknown Group name: MELBĀRDE Dace group: ??? abbr: Unknown Group name: MATIAS Marisa group: GUE/NGL abbr: Confederal Group of the European United Left
committees/3	type Committee Opinion body EP committee_full Civil Liberties, Justice and Home Affairs committee LIBE associated False rapporteur name: LAGODINSKY Sergey date: 2021-01-11T00:00:00 group: Group of the Greens/European Free Alliance abbr: Verts/ALE
committees/3	type Committee Opinion body EP committee_full Civil Liberties, Justice and Home Affairs committee LIBE associated False rapporteur name: LAGODINSKY Sergey date: 2021-01-11T00:00:00 group: ??? abbr: Unknown Group

commission	body: EC dg: Communications Networks, Content and Technology commissioner: BRETON Thierry
otherinst	name: European Economic and Social Committee
procedure/other_consulted_institutions	European Economic and Social Committee

Progress: Awaiting committee decision

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ITRE/9/04735

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