9 Amendments of Dominique RIQUET related to 2022/0047(COD)
Amendment 128 #
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 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, medical and health 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 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 innovation 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. Information derived or inferred from this data, where lawfully held, should not be considered within the scope of this Regulation. Products design-related data, meaning data related to the internal functioning and design of the product can expose EU companies' core know-how and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of the Regulation.
Amendment 150 #
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. Functional system data, meaning data related to the internal functioning of the product, in particular regarding interfaces between components, do not present any interest for users but can expose EU companies' know-how and and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of this Regulation.
Amendment 303 #
Proposal for a regulation
Recital 60
Recital 60
(60) For the exercise of their tasks in the areas of prevention, investigation, detection or prosecution of criminal and administrative offences, the execution of criminal and administrative penalties, as well as the collection of data for taxation or customs purposes, public sector bodies and Union institutions, agencies and bodies should rely on their powers under sectoral legislation. This Regulation accordingly does not affect instruments for the sharing, access and use of data in those areas. This Regulation should not apply to connected products and related services provided for public security, defence and national security.
Amendment 382 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation shall not apply to, nor pre-empt, voluntary arrangements for the exchange of non-personal data between private and public entities. It shall not affect Union and national legal acts providing for the sharing, access and use of data for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including Regulation (EU) 2021/784 of the European Parliament and of the Council72 and the [e- evidence proposals [COM(2018) 225 and 226] once adopted, and international cooperation in that area. This Regulation shall not affect the collection, sharing, access to and use of data under Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and Regulation (EU) 2015/847 of the European Parliament and of the Council on information accompanying the transfer of funds. This Regulation shall not affect the competences of the Member States regarding activities concerning public security, defence, national security, customs and tax administration and the health and safety of citizens in accordance with Union law. This Regulation shall not apply to the data generated by connected products and related services provided for public security, defence and national security. _________________ 72 Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (OJ L 172, 17.5.2021, p. 79).
Amendment 387 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect product design-related data. Accordingly, inferred data or derived data resulting from any software process that calculates derivative data from such data, as well as functional system data, should not be considered within the scope of this Regulation.
Amendment 606 #
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 connected product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicain accordance with Articles 8 and 9, provided that the third party and its ultimate parent have their registered seat in the European Union, without undue delay, free of charge to the user, of the same quality as is available to the data holder easily, securely, in a structured, commonly used and machine readable format and, where technically feasible, continuously and in real-time.
Amendment 660 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user;
Amendment 662 #
Proposal for a regulation
Article 6 – paragraph 2 – point c – point 1 (new)
Article 6 – paragraph 2 – point c – point 1 (new)
1) this is necessary to provide the service requested by the user; and
Amendment 663 #
Proposal for a regulation
Article 6 – paragraph 2 – point c – point 2 (new)
Article 6 – paragraph 2 – point c – point 2 (new)
2) the third party and its ultimate parent have their registered seat in the European Union.