14 Amendments of Adam BIELAN related to 2022/0047(COD)
Amendment 97 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. The term to ‘make data available’ under this Regulation should be understood also as to ‘export data permanently’. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point the control that the data holder effectively enjoys, de facto or de jure, over data generated by products or related services.
Amendment 111 #
(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, consoles and peripherals, 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.
Amendment 134 #
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 such as the data marketplace, data sharing service provider referred to Article 10 [Data Governance Act] or 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. 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.
Amendment 172 #
Proposal for a regulation
Recital 69
Recital 69
(69) The ability for customers of data processcloud computing services, including cloud and edge services, to suitably switch from one data processcloud computing service to another, while maintaining a minimum functionalityavoiding downtime of services, is a key condition for a more competitive market with lower entry barriers for new service providers. Facilitating a multi-cloud approach for customers of cloud computing services also contributes to increase their digital operational resilience, as recognised for financial service institutions in the Digital Operational Resilience Act (DORA). Customers should also benefit, where they chose so, from the right to terminate the contract after a maximum notice period of 30 calendar days.
Amendment 195 #
Proposal for a regulation
Recital 76
Recital 76
(76) Open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of Annex II of Regulation (EU) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment, which is a key requirement for open innovation in the European data economy. As market- driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud computing service interoperability at the PaaS (platform-as-a- service) and SaaS (software-as-a-service) levels, the Commission should be able, on the basis of this Regulation and in accordance with Regulation (EU) No 1025/2012, to request European standardisation bodies to develop such standards, particularly forfor equivalent service types where such standards do not yet exist. In addition to this, where technically feasible the Commission will encourage parties in the market to develop relevant open interoperability specifications. TFollowing consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives, the Commission, by way of delegated acts, can mandate the use of European standards for interoperability or open interoperability specifications for specific equivalent service types through a reference in a central Union standards repository for the interoperability of data processing servicescloud computing services. Providers of cloud computing services should ensure compatibility with those standards for interoperability and interoperability specifications, taking into account the nature, security and integrity of the data they host. European standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this Regulation, which have the same meaning as the requirements in paragraphs 3 and 4 of Annex II of Regulation (EU) No 1025/2021 and the interoperability facets defined under the ISO/IEC 19941:2017.
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘virtual assistants’ means software that can process demands, tasks or questions including based on audio, written input, gestures or motions, and based onto the extent that those demands, tasks or questions provides access their own and third party services or control theirits own and third party devices;products
Amendment 260 #
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its exportable data between the customer’s cloud services, including in different deployment models;
Amendment 264 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
(13b) ‘exportable data’ means the output data directly generated by the customer’s use of the cloud computing service in an available mutually agreed format, excluding any cloud computing service provider's or third party assets or data covered by intellectual property rights, trade secrets or confidential information.
Amendment 339 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Where the data made available is to be reused for commercial or non- commercial purposes and may include bilateral or multilateral exchanges of data with non-discriminatory access for commercial or non-commercial purposes, the third party shall ensure additional pre-processing of data to pseudonymise the data and safely process the data in accordance with European and national laws.
Amendment 345 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives available to another third party, in raw, aggregated or derived form, unless thisit is sole purpose of the agreement with user and facilitates the development of non-competing software or product or is necessary to provide the service requested by the user;
Amendment 407 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be limited in time and scope and deemed to exist in any of the following circumstances:
Amendment 472 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or at the end of the contract term agreed in the contractual agreement between the customer and the provider of cloud computing services, the contractual agreement of the service;
Amendment 523 #
Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)
Article 24 – paragraph 1 – point a a (new)
(a a) obligation to complete its activities under the switching process within the period which may not exceed 6 months, provided that the customer acts in good faith. The customer shall retain the right to extend this period, if needed, prior or during the switching process;
Amendment 526 #
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed 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 related to customer’s services and created by the customer and by the use of the service during the period the service was provided, including, but not limited to, where appropriate, configuration parameters, security settings, access rights and access logs to the service; excluding data that is generated during the use of the service, that is temporary and used for diagnostic or debugging purposes;