22 Amendments of François-Xavier BELLAMY related to 2022/0047(COD)
Amendment 124 #
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as tThe data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. In scope are data in raw form (also known as source or primary data, which refers to data points that are automatically generated without any form of processing) as well as prepared data (data cleaned and transformed for the purpose of making it useable prior to further processing and analysis). The Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medicalm ‘prepared data’ should be interpreted broadly, without however reaching the stage of deriving or inferring insights. Prepared data may include data enriched with metadata, combined with other data (e.g. sorted and classified with other data points relating to it) or re-formatted into a commonly-used format. Such data are potentially valuable to the user and support innovation and thealth devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. By contrast, information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovis not generated by the use of the product, but is the outcome of a characterisation, and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. ssessment, recommendation, categorisation or similar systematic processes that assign values or insights to a user or product. Data that is constitutive of a trade secret should only be made available to a data user or third party if all the necessary measures to protect the confidentiality of the trade secrets have been taken by the third party.
Amendment 138 #
Proposal for a regulation
Recital 15
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps. Likewise defence related products as defined in Article 3(1) of Directive 2009/43 should not be covered by this Regulation.
Amendment 179 #
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679. The data holder cannot be expected to store the data indefinitely in view of the needs of the user of the product, but should however implement a reasonable data retention policy that allows for the effective application of the data access rights under this Regulation
Amendment 201 #
Proposal for a regulation
Recital 28
Recital 28
(28) The user should be free to use the data for any lawful purpose. This includes providing the data the user has received exercising the right under this Regulation to a third party offering an aftermarket service that may be in competition with a service provided by the data holder, or to instruct the data holder to do so. The data holder should ensure that the data made available to the third party is as accurate, complete, reliable, relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. Any trade secrets or intellectual property rights should be respected in handling the data. Their confidentiality should be preserved through contractual solutions, such as confidentiality agreements and licensing schemes. It is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulate the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of product from which the data are obtained, for instance, by the use of data to develop a competing product. Consequently, when providing access to data to users or third-parties, data holders should be able to use technical or organizational measures such as strict access protocols, non-disclosure agreements or any other similar measure meant to ensure the preservation of the secrecy of data considered as trade secrets.
Amendment 281 #
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Exceptional needs are circumstances which are unforeseeable and limited in time. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 315 #
Proposal for a regulation
Recital 64
Recital 64
Amendment 447 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘readily available data’ means data generated by the use of a product that the data holder obtains or can obtain without disproportionate effort, going beyond a simple operation;
Amendment 453 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativeto which normal measures for the maintenance of public safety, health and order, are plainly inadequate. such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively and suddenly 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 and immediate degradation of economic assets in the Union or the relevant Member State(s) and which is determined and officially declared according to the respective procedures under Union or national law;
Amendment 574 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user canshall agree measurestechnical or organizational measures, such as strict access protocols, to preserve the confidentiality of the shared data, in particular in relation to third parties including liability over possible damages. Contractual instruments such as confidentiality agreements and licensing schemes could be used for this purpose.
Amendment 604 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delayhat are readily available to the data holder to a third party, without undue delay, easily, securely in machine- readable format, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. subject to compliance with applicable laws to the outsourcing of data driven services. Data shall be provided in the form in which they have been generated by the product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata necessary to interpret and use the data.
Amendment 624 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. When giving access to trade secrets, the identity of the data recipient and the scope of data must be disclosed to the data holder for an evaluation of trade secret related risk.
Amendment 641 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The data holder shall therefore be entitled to implement technical or organizational measures, such as strict access protocols, to preserve the confidentiality of the shared data. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.
Amendment 670 #
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
(f b) use the data it receives in a manner that adversely impacts the security of the product or related service(s)
Amendment 674 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The third party shall bear the responsibility to ensure the security and protection of the data it receives from the data holder.
Amendment 841 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) respect the legitimate aims of the data holder, taking into account the protection of trade secrets and the, privacy, commercial sensitive information, intellectual property and the duration, cost and effort required to make the data available;
Amendment 847 #
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data;
Amendment 878 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the data is unavailable; or the data holder does not have control over the data
Amendment 879 #
Proposal for a regulation
Article 18 – paragraph 2 – point a a (new)
Article 18 – paragraph 2 – point a a (new)
(a a) provided security measures concerning transfer, storing and maintaining data confidentiality are insufficient.
Amendment 894 #
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) not use the data in a manner incompatible with the purpose for which they were requested, nor use the date to develop products or related services that compete against the data holder;
Amendment 896 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 901 #
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(b a) have in place the appropriate and proportionate technical and organisational measures to manage cyber risk to that data;
Amendment 909 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of data constitutive of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, provided that all specific necessary measures required by the trade secret holder are taken to preserve the confidentiality of trade secrets, in particular with respect to the third parties. The trade secret holder, the data holder and the public sector body, or the Union institution, agency or body shall take appropriatecan contractually agree on measures to preserve the confidentiality of those trade secretse shared data, in particular in relation to third parties. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.