European Parliament 2019-2024 Committee on the Internal Market and Consumer Protection 2020/0340(COD) 28.5.2021 AMENDMENTS 159 - 390 Draft opinion Sandro Gozi (PE691.362v01.00) European data governance (Data Governance Act) Proposal for a regulation (COM(2020)0767 – C9-0377/2020 – 2020/0340(COD)) AM\1232072EN.docx PE692.940v01-00 EN United in diversityEN AM_Com_LegOpinion PE692.940v01-00 2/138 AM\1232072EN.docx EN Amendment 159 Maria Grapini, Maria-Manuel Leitão-Marques, Leszek Miller, Marc Angel, Christel Schaldemose, Adriana Maldonado López Proposal for a regulation Recital 1 Text proposed by the Commission Amendment (1) The Treaty on the functioning of (1) The Treaty on the functioning of the European Union (‘TFEU’) provides for the European Union (‘TFEU’) provides for the establishment of an internal market and the establishment of an internal market and the institution of a system ensuring that the institution of a system ensuring that competition in the internal market is not competition in the internal market is not distorted. The establishment of common distorted. The establishment of common rules and practices in the Member States rules and practices in the Member States relating to the development of a framework relating to the development of a framework for data governance should contribute to for data governance should also contribute the achievement of those objectives. to the development of an internal market that allows the sustainable development of SMEs and micro-enterprises and fair competition. Or. en Amendment 160 Anne-Sophie Pelletier Proposal for a regulation Recital 2 Text proposed by the Commission Amendment (2) Over the last few years, digital (2) Over the last few years, digital technologies have transformed the technologies have transformed the economy and society, affecting all sectors economy and society, affecting all sectors of activity and daily life. Data is at the of activity and daily life. Data is at the centre of this transformation: data-driven centre of this transformation: despite the innovation will bring enormous benefits for many risks involved, data-driven citizens, for example through improved innovation will bring enormous benefits for personalised medicine, new mobility, and citizens, for example through improved its contribution to the European Green personalised medicine, new mobility, and Deal23. In its Data Strategy24, the its contribution to the European Green Commission described the vision of a Deal23. In its Data Strategy24, the common European data space, a Single Commission described the vision of a Market for data in which data could be common European data space, a Single used irrespective of its physical location of Market for data in which data could be AM\1232072EN.docx 3/138 PE692.940v01-00 EN storage in the Union in compliance with used irrespective of its physical location of applicable law. It also called for the free storage in the Union in compliance with and safe flow of data with third countries, applicable law. It also called for the free subject to exceptions and restrictions for and safe flow of data with third countries, public security, public order and other subject to exceptions and restrictions for legitimate public policy objectives of the public security, public order and other European Union, in line with international legitimate public policy objectives of the obligations. In order to turn that vision into European Union, in line with international reality, it proposes to establish domain- obligations. In order to turn that vision into specific common European data spaces, as reality, it proposes to establish domain- the concrete arrangements in which data specific common European data spaces, as sharing and data pooling can happen. As the concrete arrangements in which data foreseen in that strategy, such common sharing and data pooling can happen. As European data spaces can cover areas such foreseen in that strategy, such common as health, mobility, manufacturing, European data spaces can cover areas such financial services, energy, or agriculture or as health, mobility, manufacturing, thematic areas, such as the European green financial services, energy, or agriculture or deal or European data spaces for public thematic areas, such as the European green administration or skills. deal or European data spaces for public administration or skills. __________________ __________________ 23 Communication from the Commission to 23 Communication from the Commission to the European Parliament, the European the European Parliament, the European Council, the Council, the European Council, the Council, the European Economic and Social Committee and the Economic and Social Committee and the Committee of the Regions on the European Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final). (COM(2019) 640 final). 24 COM(2020) 66 final. 24 COM(2020) 66 final. Or. fr Amendment 161 Andrey Kovatchev Proposal for a regulation Recital 3 Text proposed by the Commission Amendment (3) It is necessary to improve the (3) It is necessary to improve the conditions for data sharing in the internal conditions for data sharing in the internal market, by creating a harmonised market, by creating a harmonised framework for data exchanges. Sector- framework for data exchanges. Sector- specific legislation can develop, adapt and specific legislation can develop, adapt and PE692.940v01-00 4/138 AM\1232072EN.docx EN propose new and complementary elements, propose new and complementary elements, depending on the specificities of the sector, depending on the specificities of the sector, such as the envisaged legislation on the such as the envisaged legislation on the European health data space25 and on access European health data space25 and on access to vehicle data. Moreover, certain sectors to vehicle data. Moreover, certain sectors of the economy are already regulated by of the economy are already regulated by sector-specific Union law that include rules sector-specific Union law that include rules relating to cross-border or Union wide relating to cross-border or Union wide sharing or access to data26 . This sharing or access to data26 . This Regulation is therefore without prejudice to Regulation is therefore without prejudice to Regulation (EU) 2016/679 of the European Regulation (EU) 2016/679 of the European Parliament and of the Council (27 ), and in Parliament and of the Council (27 ), and in particular the implementation of this particular the implementation of this Regulation shall not prevent cross border Regulation shall not prevent cross border transfers of data in accordance with transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 Chapter V of Regulation (EU) 2016/679 from taking place, Directive (EU) from taking place, Directive (EU) 2016/680 of the European Parliament and 2016/680 of the European Parliament and of the Council (28 ), Directive (EU) of the Council (28 ), Directive (EU) 2016/943 of the European Parliament and 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Parliament and of the Council (34 ), Directive 2004/48/EC of the European Directive 2004/48/EC of the European Parliament and of the Council (35 ), Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the as Regulation 2018/858/EU of the European Parliament and of the Council (37 European Parliament and of the Council (37 ), Directive 2010/40/EU of the European ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) and Parliament and of the Council (38 ) and Delegated Regulations adopted on its basis, Delegated Regulations adopted on its basis, and any other sector-specific Union and any other sector-specific Union legislation that organises the access to and legislation that organises the access to and re-use of data. This Regulation should be re-use of data. This Regulation should be without prejudice to the access and use of without prejudice to the access and use of data for the purpose of international data for the purpose of international cooperation in the context of prevention, cooperation in the context of prevention, investigation, detection or prosecution of investigation, detection or prosecution of criminal offences or the execution of criminal offences or the execution of criminal penalties. A horizontal regime for criminal penalties. A horizontal regime for the re-use of certain categories of protected the re-use of certain categories of protected AM\1232072EN.docx 5/138 PE692.940v01-00 EN data held by public sector bodies, the data held by public sector bodies, the provision of data sharing services and of provision of data sharing services and of services based on data altruism in the services based on data altruism in the Union should be established. Specific Union should be established. Specific characteristics of different sectors may characteristics of different sectors may require the design of sectoral data-based require the design of sectoral data-based systems, while building on the systems, while building on the requirements of this Regulation.