22 Amendments of Marion WALSMANN related to 2022/0047(COD)
Amendment 127 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) This Regulation is without prejudice to Union and national legal acts providing for the protection of intellectual property rights, including Directive 2001/29/EC, Directive 2004/48/EC, and Directive (EU) 2019/790.
Amendment 133 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In view of a better protection of trade secrets, this regulation should not be interpreted as giving a right to providers of related services or providers of cloud services to share data generated by the use of products and that are considered trade secrets, to data recipients without informing the manufacturer of such products. Such data holders should agree with the manufacturers the terms for making available that type of data.
Amendment 145 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) As regards trade secrets, this Regulation should be interpreted in a manner that preserves the protection awarded to trade secrets under Directive (EU) 2016/943. For this reason, data holders are entitled to require that the user or third parties of the user’s choice take all necessary measures to ensure that confidentiality of data considered as trade secrets, including through technical means, is preserved.
Amendment 147 #
Proposal for a regulation
Recital 29
Recital 29
(29) A third party to whom data is made available may be an enterprise, a research organisation or a not-for-profit organisation. In making the data available to the third party, neither the data holder nor the third party should not abuse its position to seek a competitive advantage in markets where the data holder and third party may be in direct competition. The data holderBoth parties should not therefore use any data generated by the use of the product or related service in order to derive insights about the economic situation of the othirder party or its assets or production methods or the use in any other way that could undermine the commercial position of the othirder party on the markets it is active on.
Amendment 151 #
Proposal for a regulation
Recital 37
Recital 37
(37) Given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, where a micro or small enterprise is sub-contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub-contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy, Member States should provide digital training and guidance to such enterprises.
Amendment 151 #
Proposal for a regulation
Recital 37
Recital 37
(37) GThis Regulation does not prevent micro and small enterprises to participate in the data sharing practices, however given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, wWhere a micro or small enterprise is sub-contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub- contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy Member States should provide guidance to such enterprises.
Amendment 176 #
Proposal for a regulation
Recital 80
Recital 80
(80) To promote the interoperability of smart contracts in data sharing applications, it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. Specific training programmes on smart contracts for businesses, in particular SMEs, should be provided. In order to facilitate the conformity of such smart contracts with those essential requirements, it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council.
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'commercially sensitive information’ means any information or data that is strategic for a business or related to a right of intellectual property or a non disclosure agreement;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s), and which is determined according to the respective procedures under Union law;
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The user shall not deploy coercive means or abuse gaps in the technical infrastructure of the data holder designed to protect the data in order to obtain access to data.
Amendment 302 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed, including technical and organisational measures, specified in the agreement between the data holder and the third party are taken by the third party prior to the disclosure to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and theThe data holder shall identify the data which are protected as trade secrets. When no agreement is reached regarding the necessary measures forto preservinge the confidentiality shall bof trade specified in the agreement between the data holder and the third partyrets or the third party fails to implement those measures, the data holder is entitled to refuse the third party’s access to data which are protected as trade secrets.
Amendment 365 #
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. When a data holder is the provider of related services, it shall inform, without undue delay, the manufacturer of the product before making data, which are considered trade secrets, available to data recipients. The terms for making those data available shall be agreed with the manufacturer.
Amendment 369 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope and necessary to prevent an imminent public emergency or to assist the recovery from a public emergency, and alternative means to obtain such data are either unavailable or would be inappropriate;
Amendment 382 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) specify an appropriathe deadline by which the data are to be made available or within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request.
Amendment 391 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 a (new)
Article 17 – paragraph 4 – subparagraph 1 a (new)
Those third parties shall not use the data they receive from a public sector body or a Union institution, agency or body under this paragraph to develop a product or a service that competes with the product or service of the data holder from whom the data was received, nor share the data with another third party for that purpose.
Amendment 394 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
Where a public sector body or a Union institution, agency or body transmits or makes data available under this paragraph, it shall notify without undue delay the data holder from whom the data was received.
Amendment 409 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 (new)
Article 19 – paragraph 2 – subparagraph 1 (new)
Where a public sector body or a Union institution, agency or body transmits or makes data available to third parties pursuant to Article 17 (4), trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary for the third party to perform the tasks that have been outsourced to it and provided that all specific necessary measures, including technical and organisational measures, agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret.
Amendment 410 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. The data holder shall identify the data which are protected as trade secrets. When no agreement is reached regarding the necessary measures to preserve the confidentiality of trade secrets or those measures are not implemented, the data holder is entitled to refuse access to data which are protected as trade secrets.
Amendment 415 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. DFor making data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of chargethe data holder is entitled to claim a compensation, which shall not exceed the technical and organisational costs incurred to comply with the request.
Amendment 417 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where tThe data holder claims compensshall be entitled to a fair remuneration for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), s. Such compensation shall not exceedat the least cover the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 444 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2 a (new)
Article 17 – paragraph 4 – subparagraph 2 a (new)
Any third party is forbidden to use the data it receives from a public sector body or a Union institution, agency or body, to develop a product or a service that competes with the product or service from which the accessed data originate or share the data with another third party for that purpose.
Amendment 525 #
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service, with the exception of data used by the provider to operate, maintain, or improve the service. Providers shall not be required to disclose their own or third parties’ intellectual property, trade secrets or commercially sensitive information;