### (47) in addition , in order to avoid bill shocks , roaming providers should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services , expressed in the currency in which the roaming customer is billed , and which they should offer to all their roaming customers , free of charge , with an appropriate notification , in a media format that can be consulted again subsequently , when that limit is being approached. upon reaching that maximum limit , customers should no longer receive or be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. in such a case , they should receive free confirmation , in a media format that can be consulted again subsequently. roaming customers should be given the opportunity to opt for any of those maximum financial or volume limits within a reasonable period or to choose not to have such a limit. unless customers state otherwise , they should be put on a default limit system. ### (47) in addition , in order to avoid bill shocks , roaming providers should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services , expressed in the currency in which the roaming customer is billed , and provide all roaming customers , free of charge , with a guarantee that this limit will not be exceeded without prior warning and informed consent delivered via an appropriate notification in a media format that can be freely consulted. there should be no exceptions to this guarantee linked to cases of force majeure , thus avoiding bill shocks during exceptional crisis periods. upon reaching that maximum limit , customers should no longer receive or be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. in such a case , they should receive free confirmation , in a media format that can be consulted again subsequently. roaming customers should be given the opportunity to withdraw from those maximum financial or volume limits within a reasonable period or to choose not to have such a limit. unless customers state otherwise , they should be put on a default limit system.


### without prejudice to articles 10 , 11 and 12 , the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. ### without prejudice to articles 10 , 11 and 12 , the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. visited network operator shall also not levy on the roaming provider any charge related other non-emergency crucial communications initiated by the roaming customer.


### 2. national regulatory authorities and , where relevant , berec shall make up-to-date information on the application of this regulation , in particular articles 5 , 6 , 7 , 9 , 10 , 11 , and 12 , publicly available in a manner that enables interested parties to have easy access to it. ### 2. national regulatory authorities and , where relevant , berec shall make up-to-date information on the application of this regulation , in particular articles 5 , 6 , 7 , 9 , 10 , 11 , and 12 , 13 , and 18 (new)publicly available in a manner that enables accessible to interested parties to have easy access to it , including to persons with disabilities.


### the commission shall , after consulting berec , submit two reports to the european parliament and to the council. where necessary , after submitting each report , the commission shall adopt a delegated act pursuant to article 22 amending the maximum wholesale charges for regulated roaming services laid down in this regulation. the first such report shall be submitted by 30 june 2025 and the second by 30 june 2029 . ### the commission shall , after consulting berec , submit two reports to the european parliament and to the council. where necessary , after submitting each report , the commission shall adopt a delegated act pursuant to article 22 amending the maximum wholesale charges for regulated roaming services laid down in this regulation. the first such report shall be submitted by 30 june 2025 and the second by 30 june 2029. the reports shall include , inter alia , an assessment of effectiveness of this regulation on ensuring equal access to electronic communications by persons with disabilities when travelling within eu/eea.


### new(14) in order to allow for the development of a more efficient , integrated and competitive market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers. ### new(14) in order to allow for the development of a more efficient , integrated and competitive market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. without prejudice to operator's freedom to choose with whom to negotiate wholesale roaming agreements with , these should not jeopardise a genuine roam-like-at-home experience and should guarantee the same quality of service as provided by the domestic provider except in case of technical unfeasibility. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.


### new(14) in order to allow for the development of a more efficient , integrated and competitive market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers. ### new(14) in order to allow for the development of a more efficient , integrated market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal , transparent and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically and should guarantee the same quality of services and a genuine roam-like-at-home experience. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.


### 1. recalls the importance , for a properly functioning and competitive internal market , of effective better law-making tools that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation , particularly for consumers and smes; ### 1. recalls the importance , for a properly functioning , competitive , sustainable and fair internal market , of effective better law-making tools that take subsidiarity , transparency and proportionality fully into account when drawing up scientifically based and balanced , sustainable and inclusive legislation , particularly for consumers and smes;


### 2. reiterates that internal market objectives such as improving competitiveness , digitalisation , sustainability and consumer protection should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (refit) and the regulatory scrutiny board; ### 2. reiterates that internal market objectives such as improving competitiveness , digitalisation , sustainability and consumer protection should be underpinned by the enhanced use of scrutiny instruments while at the same time guaranteeing that the ‘community method’ is uphold and that the european parliament is duly involved in the scrutiny processes;


### 3. underlines that smes in particular will continue to face serious repercussions due to the covid-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that cutting red tape , the ‘think small first’ principle and fostering a society that values entrepreneurship need to be priorities within internal market legislation; ### 3. underlines that smes in particular will continue to face serious repercussions due to the covid-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that next to cutting red tape , the ‘think small first’ principle together with sustainable and inclusive objectives need to be priorities within internal market legislation;


### 4. calls on the member states’ authorities at national and regional level , and on stakeholders to become more closely involved at an early stage of the decision-making process , with subsidiarity and proportionality checks and administrative burden assessments of eu legislation; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation , and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; ### 4. calls on the member states’ authorities at national and regional level , and on stakeholders to become more closely involved at an early stage of the decision-making process , with subsidiarity and proportionality checks of eu legislation; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation;


### 5. warns that legislation which increases administrative burdens greatly affects smes and consumers by hindering competitiveness and preventing the single market from unlocking its full potential; calls on the commission , with a view to providing evidence on the added value of eu action , and its costs and benefits , to strengthen the sme fitness check. ### 5. warns that legislation which increases administrative burdens in an unjustified and disproportional way greatly affects smes and consumers by hindering competitiveness and preventing the single market from unlocking its full potential; calls on the commission , with a view to providing evidence on the added value of eu action and the better-law making agenda , and its costs and benefits , to strengthen the sme fitness check.


### a. whereas despite the european-level ban on its use , asbestos remains the main cause of death linked to occupational diseases , and whereas it also affects individuals outside the working environment through a continuous increase in cancers and mesothelioma linked to passive , limited exposure; ### a. whereas despite the european-level ban on its use since 2005 and the reach regulation , which lists six groups of asbestos fibre , asbestos remains the main cause of death linked to occupational diseases , and whereas it also affects individuals outside the working environment through a continuous increase in cancers and mesothelioma linked to passive , limited exposure;


### b. whereas the extensive use of asbestos in construction poses a threat to building users and occupants; ### b. whereas the extensive use of asbestos in construction poses a threat to workers who are in contact with it and to building users and occupants who are passively exposed to it;


### a. the screening shall consists of a diagnosis of the presence of asbestos and must be followed by action to reduce the risk posed by any asbestos detected; ### a. the screening shall consist of a diagnosis of the presence of asbestos and must be followed by action to reduce the risk posed by any asbestos detected , using the best possible techniques;


### c. the result of the screening must be communicated to a competent national body , which shall maintain a national register of asbestos risk reduction certificates and provide advice to owners; ### c. the result of the screening must be communicated to a competent national body , which shall maintain a national register of asbestos risk reduction certificates and provide advice to owners on the applicable laws and regulations , the correct and safe removal of asbestos detected and the financial support available;


### d. in order to protect users or occupants as effectively as possible , the screening must be carried out by qualified and certified operators in accordance with directive 2009/148/ec; ### d. in order to protect users or occupants as effectively as possible , the screening must be carried out by qualified and certified operators in accordance with directive 2009/148/ec and national law and practice and under the supervision of a competent national body;


### e. the certificate shall be forwarded to the buyer before any sale , and made available to the lessor , as well as on request to professionals carrying out work in the building or to occupants/users. ### e. the certificate shall be forwarded to the buyer before any sale , and made available to the lessor , as well as on request to professionals carrying out work in the building or to occupants/users , and must contain the list of types of asbestos-containing materials detected , together with details of their exact location;


### 1. recalls that worldwide hundreds of millions of people are exposed to asbestos every year , despite its health risks having been known for decades; ### 1. recalls that worldwide hundreds of millions of people are exposed to asbestos every year , despite its health risks having been known for decades; whereas a study by the international journal of environmental research and public health puts the number of persons dying each year as a result of exposure to asbestos at some 250 0001a;


### 2. stresses the existence of different types of non-occupational exposure to asbestos , whether of para-occupational , domestic or environmental origin; ### 2. stresses the existence of different types of non-occupational exposure to asbestos , whether of para-occupational (including exposure to asbestos dust brought home by workers) , domestic (including the presence of household objects containing asbestos) or environmental origin (materials present in buildings and facilities or industrial materials);


### 3. recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking; ### 3. recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking; stresses that , despite the difficulty of making a precise assessment , many studies suggest that the degree of environmental exposure to asbestos has been underestimated1a 1b; points out , therefore , that , depending on the source of exposure , levels of environmental exposure to asbestos may reach occupational levels of exposure1c;


### 3. the development of information campaigns on asbestos to provide relevant information to workers , employers , owners , tenants , users of buildings and infrastructure , and citizens about the risks and legal obligations relating to asbestos; ### 3. the development of information campaigns on asbestos to provide relevant information to workers , employers , owners , tenants , users of buildings and infrastructure , and citizens about the risks and legal obligations relating to asbestos , in particular as regards the characteristics of asbestos , its effects on health (including synergistic effects linked to smoking) , the types of materials , products and places likely to contain asbestos and the relationship between their condition and the probability of them releasing fibres , the relevant public authorities and the financial aid available to carry out safe asbestos removal;


### 4. recalls that a study by italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers; ### 4. recalls that a study by italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers1a; stresses that the samples taken in the course of that study revealed significant concentrations of asbestos fibres in tap water in tuscany , reaching levels of up to 700 000 fibres per litre;


### 5. calls on the commission to set out a european strategy for the complete elimination of asbestos; calls on all member states to adopt national action plans to implement that strategy; considers that the commission should coordinate the national action plans , in particular through the adoption of a framework directive on this matter; ### 5. urges the commission to set out a european strategy for the complete elimination of asbestos; calls on all member states to adopt national action plans , with funding and specific local , regional and national roadmaps , to implement that strategy; considers that the commission should coordinate the national action plans , in particular through the adoption of a framework directive on this matter; emphasises the need for the social partners and other stakeholders , including asbestos victims’ groups , to be fully involved in the drafting , implementation and assessment of the european strategy and the national plans;


### 5. the establishment of a european framework for public and accessible asbestos registers , together with a mapping of the exact location of asbestos on public and private sites; ### 5. the establishment of a european framework for public and accessible asbestos registers , together with a mapping of the exact location of asbestos on public and private sites and the provision of detailed information on landfills containing asbestos waste in order to prevent the uncontrolled release of asbestos fibres into the air , the accidental displacement of soils in which these materials are buried and the associated public health risks;


### 6. considers that a comprehensive renovation and asbestos removal plan for the european drinking water distribution network should be drawn up and implemented; ### 6. expresses concern at the state of the drinking water supply network in the eu and the presence of asbestos-cement pipes , the deterioration of which is releasing asbestos fibres into the water; considers , as part of the european strategy for the elimination of asbestos and with support from the european and member state recovery plans , that a comprehensive renovation and asbestos removal plan for the european drinking water distribution network should be drawn up and implemented;


### 7. stresses that unsafe working conditions for workers may expose society as a whole to risks of asbestos exposure , in particular the families of the workers concerned; ### 7. stresses that unsafe working conditions for workers may expose society as a whole to risks of asbestos exposure , in particular the families of the workers concerned; stresses , therefore , the need to guarantee a high level of protection of the health and safety of workers , in particular by providing them with proper protective equipment and ensuring that family members are not exposed to asbestos on work clothes and tools;


### 7. the active involvement of the social partners and other stakeholders , such as asbestos victims’ groups. ### 7. the active involvement of the social partners and other stakeholders , such as asbestos victims’ groups , in the drafting , implementation and assessment of a roadmap for asbestos-free workplaces and an asbestos-free environment.


### 8. calls on the commission to support the dissemination of information on the various systems for the destruction of asbestos products based on best available techniques; ### 8. stresses that the creation of landfills for asbestos waste can only be an interim solution; condemns the practice of dumping asbestos waste in landfills for non-specific construction waste; calls on the commission to support the dissemination of information on the various systems for the destruction of asbestos products based on best available techniques; urges the commission to introduce programmes to provide effective support for research into inertia treatment technologies for waste containing asbestos with a view to recycling , safe re-use and a reduction in the landfilling of such waste; considers that the organised and systematic eradication of asbestos contributes to regional development objectives and should therefore be fully supported under the eu structural funds;


### 9. calls on the eu to work with other international organisations and third countries to achieve a global ban on asbestos; ### 9. calls on the eu to work with the world health organisation , the international labour organisation , the united nations environment programme , other international organisations and third countries to achieve a global ban on asbestos , promote higher levels of occupational health and workplace safety worldwide , and improve information and support for victims of asbestos-related diseases; calls on the eu to make representations to asbestos-exporting countries urging them close asbestos mines;


### 2. notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the commission’s focus on modernising its competition policy to adequately tackle serious problems and market failures in the digital sector; ### 2. notes the changes both businesses and consumers are facing due to the digital transformation; deplores the fact that recent legislative proposals of the commission missed the opportunity to make eu competition policy fit for the digital age; regrets that despite the initial intention , a competition tool was not included in the proposals; calls for a revision of eu competition policies addressing the concentration of huge amount of data by few digital players; regrets in this regard that current competition rules are not fit for dealing with mergers and acquisitions by dominant digital players and therefore , are insufficient to guarantee a level playing field for smes in europe;


### 3. recalls that regulating digital markets constitutes a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement; ### 3. recalls that regulating digital markets constitutes a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement but notes that this intervention must be accompanied by a revised european competition policy;


### 3. recalls that regulating digital markets constitutes a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement; ### 3. recalls that regulating digital markets constitutes a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement; welcomes the ambition of the portuguese presidency to reach an agreement in the council regarding the proposal on public country-by-country reporting; urges the commission and the council to tackle harmful tax practices of member states and set a credible list of non-cooperative jurisdictions in order to guarantee a level playing field in the eu;


### 4. highlights the importance of a few online operators acting as gatekeepers to the digital economy , including access to e-commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines , therefore , the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcoming digital markets act proposal; ### 4. highlights the danger of a few online operators acting as gatekeepers to the digital economy , including access to e-commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines , therefore , the need for an internal market ex ante regulatory instrument with strong enforcement rules and penalties accompanied by a new set of anti trust rules to ensure that impacted markets remain fair and competitive; regrets that the commission proposal for a digital markets act is not ambitious enough in this regard;


### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; ### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; notes that tackling anti-competitive practices such as social and tax dumping in the eu is a prerequisite for a fair single market;


### (2) over the last few years , digital technologies have transformed the economy and society , affecting all sectors of activity and daily life. data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens , for example through improved personalised medicine , new mobility , and its contribution to the european green deal23. in its data strategy24 , the commission described the vision of a common european data space , a single market for data in which data could be used irrespective of its physical location of storage in the union in compliance with applicable law. it also called for the free and safe flow of data with third countries , subject to exceptions and restrictions for public security , public order and other legitimate public policy objectives of the european union , in line with international obligations. in order to turn that vision into reality , it proposes to establish domain-specific common european data spaces , as the concrete arrangements in which data sharing and data pooling can happen. as foreseen in that strategy , such common european data spaces can cover areas such as health , mobility , manufacturing , financial services , energy , or agriculture or thematic areas , such as the european green deal or european data spaces for public administration or skills. ### (2) over the last few years , digital technologies have transformed the economy and society , affecting all sectors of activity and daily life. data is at the centre of this transformation: despite the many risks involved , data-driven innovation will bring enormous benefits for citizens , for example through improved personalised medicine , new mobility , and its contribution to the european green deal23. in its data strategy24 , the commission described the vision of a common european data space , a single market for data in which data could be used irrespective of its physical location of storage in the union in compliance with applicable law. it also called for the free and safe flow of data with third countries , subject to exceptions and restrictions for public security , public order and other legitimate public policy objectives of the european union , in line with international obligations. in order to turn that vision into reality , it proposes to establish domain-specific common european data spaces , as the concrete arrangements in which data sharing and data pooling can happen. as foreseen in that strategy , such common european data spaces can cover areas such as health , mobility , manufacturing , financial services , energy , or agriculture or thematic areas , such as the european green deal or european data spaces for public administration or skills.


### (2) over the last few years , digital technologies have transformed the economy and society , affecting all sectors of activity and daily life. data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens , for example through improved personalised medicine , new mobility , and its contribution to the european green deal23 . in its data strategy24 , the commission described the vision of a common european data space , a single market for data in which data could be used irrespective of its physical location of storage in the union in compliance with applicable law. it also called for the free and safe flow of data with third countries , subject to exceptions and restrictions for public security , public order and other legitimate public policy objectives of the european union , in line with international obligations. in order to turn that vision into reality , it proposes to establish domain-specific common european data spaces , as the concrete arrangements in which data sharing and data pooling can happen. as foreseen in that strategy , such common european data spaces can cover areas such as health , mobility , manufacturing , financial services , energy , or agriculture or thematic areas , such as the european green deal or european data spaces for public administration or skills. ### (2) over the last few years , digital technologies have transformed the economy and society , affecting all sectors of activity and daily life. data is at the centre of this transformation: data-driven innovation promises enormous benefits for citizens , for example through improved personalised medicine , new mobility , and its contribution to the european green deal23 . in its data strategy24 , the commission described the vision of a common european data space , a single market for data in which data could be used irrespective of its physical location of storage in the union in compliance with applicable law. it also called for the free and safe flow of data with third countries , subject to exceptions and restrictions for public security , public order and other legitimate public policy objectives of the european union , in line with international obligations. in order to turn that vision into reality , it proposes to establish domain-specific common european data spaces , as the concrete arrangements in which data sharing and data pooling can happen. as foreseen in that strategy , such common european data spaces can cover areas such as health , mobility , manufacturing , financial services , energy , or agriculture or thematic areas , such as the european green deal or european data spaces for public administration or skills.


### (3) it is necessary to improve the conditions for data sharing in the internal market , by creating a harmonised framework for data exchanges. sector-specific legislation can develop , adapt and propose new and complementary elements , depending on the specificities of the sector , such as the envisaged legislation on the european health data space25 and on access to vehicle data. moreover , certain sectors of the economy are already regulated by sector-specific union law that include rules relating to cross-border or union wide sharing or access to data26 . this regulation is therefore without prejudice to regulation (eu) 2016/679 of the european parliament and of the council (27 ) , and in particular the implementation of this regulation shall not prevent cross border transfers of data in accordance with chapter v of regulation (eu) 2016/679 from taking place , directive (eu) 2016/680 of the european parliament and of the council (28 ) , directive (eu) 2016/943 of the european parliament and of the council (29 ) , regulation (eu) 2018/1807 of the european parliament and of the council (30 ) , regulation (ec) no 223/2009 of the european parliament and of the council (31 ) , directive 2000/31/ec of the european parliament and of the council (32 ) , directive 2001/29/ec of the european parliament and of the council (33 ) , directive (eu) 2019/790 of the european parliament and of the council (34 ) , directive 2004/48/ec of the european parliament and of the council (35 ) , directive (eu) 2019/1024 of the european parliament and of the council (36 ) , as well as regulation 2018/858/eu of the european parliament and of the council (37 ) , directive 2010/40/eu of the european parliament and of the council (38 ) and delegated regulations adopted on its basis , and any other sector-specific union legislation that organises the access to and re-use of data. this regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties. a horizontal regime for the re-use of certain categories of protected data held by public sector bodies , the provision of data sharing services and of services based on data altruism in the union should be established. specific characteristics of different sectors may require the design of sectoral data-based systems , while building on the requirements of this regulation. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act should also apply. ### (3) it is necessary to improve the conditions for data sharing in the internal market , by creating a harmonised framework for data exchanges. sector-specific legislation can develop , adapt and propose new and complementary elements , depending on the specificities of the sector , such as the envisaged legislation on the european health data space25 and on access to vehicle data. moreover , certain sectors of the economy are already regulated by sector-specific union law that include rules relating to cross-border or union wide sharing or access to data26 . this regulation is therefore without prejudice to directive (eu) 2016/943 of the european parliament and of the council (29 ) , regulation (eu) 2018/1807 of the european parliament and of the council (30 ) , regulation (ec) no 223/2009 of the european parliament and of the council (31 ) , directive 2000/31/ec of the european parliament and of the council (32 ) , directive 2001/29/ec of the european parliament and of the council (33 ) , directive (eu) 2019/790 of the european parliament and of the council (34 ) , directive 2004/48/ec of the european parliament and of the council (35 ) , directive (eu) 2019/1024 of the european parliament and of the council (36 ) , as well as regulation 2018/858/eu of the european parliament and of the council (37 ) , directive 2010/40/eu of the european parliament and of the council (38 ) and delegated regulations adopted on its basis , and any other sector-specific union legislation that organises the access to and re-use of data. this regulation should be without prejudice to union law on the access and use of data for the purpose of international cooperation in the context of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties. a horizontal regime for the re-use of certain categories of protected data held by public sector bodies , the provision of data sharing services and of services based on data altruism in the union should be established. specific characteristics of different sectors may require the design of sectoral data-based systems , while building on the requirements of this regulation. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act should also apply.


### (5) the idea that data that has been generated at the expense of public budgets should benefit society has been part of union policy for a long time. directive (eu) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. however , certain categories of data (commercially confidential data , data subject to statistical confidentiality , data protected by intellectual property rights of third parties , including trade secrets and personal data not accessible on the basis of specific national or union legislation , such as regulation (eu) 2016/679 and directive (eu) 2016/680) in public databases is often not made available , not even for research or innovative activities. due to the sensitivity of this data , certain technical and legal procedural requirements must be met before they are made available , in order to ensure the respect of rights others have over such data. such requirements are usually time- and knowledge-intensive to fulfil. this has led to the underutilisation of such data. while some member states are setting up structures , processes and sometimes legislate to facilitate this type of re-use , this is not the case across the union. ### (5) the idea that data that has been generated at the expense of public budgets should benefit society has been part of union policy for a long time. directive (eu) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. however , certain categories of data (commercially confidential data , data subject to statistical confidentiality , data protected by intellectual property rights of third parties , including trade secrets and personal data not accessible on the basis of specific national or union legislation , such as regulation (eu) 2016/679 and directive (eu) 2016/680) in public databases is often not made available , not even for research or socially beneficial innovation. due to the sensitivity of this data , certain technical and legal procedural requirements must be met before they are made available , in order to ensure the respect of rights others have over such data. while some member states are setting up structures , processes and sometimes legislate to facilitate this type of re-use , this is not the case across the union.


### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be non-discriminatory , proportionate and objectively justified , while not restricting competition. in particular , public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. depending on the case at hand , before its transmission , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. where provision of anonymised or modified data would not respond to the needs of the re-user , on-premise or remote re-use of the data within a secure processing environment could be permitted. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. the public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. the public sector bodies , where relevant , should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. in this respect , the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where practically feasible. no contact information should be given that allows re-users to contact data subjects or companies directly. ### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be non-discriminatory , proportionate and objectively justified. public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate burden for the public sector. conditions should be designed to ensure effective safeguards with regard to the protection of personal data. personal data shall only be accessible within a secure processing environment , and before allowing access to it within a secure processing environment , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. where the impact on the protection of personal data has been carefully assessed and the risks for the rights and interests of data subjects are minimal , on-premise or remote re-use of the data within a secure processing environment could be permitted , but data should still at least be anonymised. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. in a context of growing availability and sharing of data , even the re-use of non-personal data could have an impact on the protection of personal data , especially where such non-personal data is derived from personal data through aggregation , anonymisation or other techniques , as an increase in available data can lead to an increase in the chance of re-identification of data subjects. the public sector bodies , where relevant , should facilitate the re-use of personal data on the basis of consent of data subjects or , in case of non-personal data , on the basis of permissions of legal persons on the re-use of data pertaining to them through adequate technical means. in this respect , it should be possible for the public sector body to support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where permitted and practically feasible. no contact information should be given that allows re-users to contact data subjects or companies directly.


### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be non-discriminatory , proportionate and objectively justified , while not restricting competition. in particular , public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. depending on the case at hand , before its transmission , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. where provision of anonymised or modified data would not respond to the needs of the re-user , on-premise or remote re-use of the data within a secure processing environment could be permitted. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. the public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. the public sector bodies , where relevant , should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. in this respect , the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where practically feasible. no contact information should be given that allows re-users to contact data subjects or companies directly. ### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be lawful , transparent , non-discriminatory , proportionate and objectively justified , while not restricting competition. in particular , public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. depending on the case at hand , before its transmission , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. similarly , depending on the case , the public sector bodies should take adequate measures that aim at protecting content protected by intellectual property rights. where provision of anonymised or modified data would not respond to the needs of the re-user , on-premise or remote re-use of the data within a secure processing environment could be permitted. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. the public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. the public sector bodies , where relevant , should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. in this respect , the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where practically feasible. no contact or any sufficient information should be given that allows re-users to trace back , de-anonymise and contact data subjects or companies directly.


### (19) in order to build trust in re-use mechanisms , it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive , as regards the transfer to third countries , if such transfer could jeopardise public policy objectives , in line with international commitments. for example , in the health domain , certain datasets held by actors in the public health system , such as public hospitals , could be identified as highly sensitive health data. in order to ensure harmonised practices across the union , such types of highly sensitive non-personal public data should be defined by union law , for example in the context of the european health data space or other sectoral legislation. the conditions attached to the transfer of such data to third countries should be laid down in delegated acts. conditions should be proportionate , non-discriminatory and necessary to protect legitimate public policy objectives identified , such as the protection of public health , public order , safety , the environment , public morals , consumer protection , privacy and personal data protection. the conditions should correspond to the risks identified in relation to the sensitivity of such data , including in terms of the risk of the re-identification of individuals. these conditions could include terms applicable for the transfer or technical arrangements , such as the requirement of using a secure processing environment , limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. in exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. ### (19) in order to build trust in re-use mechanisms , it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive by means of a specific union act , as regards the transfer to third countries , if such transfer could jeopardise public policy objectives , in line with international commitments. for example , in the health domain , certain datasets held by actors in the public health system , such as public hospitals , could be identified as highly sensitive health data. insurance companies , laboratories , databases or any other service provider should not be authorised to use highly sensitive data or data from ehealth applications for the purpose of discrimination in pricing , advertising targeting or commercial application development , as this would run counter to the fundamental right of access to health. in order to ensure harmonised practices across the union , such types of highly sensitive non-personal public data should be defined by union law , for example in the context of the european health data space or other sectoral legislation. the conditions attached to the transfer of such data to third countries should be laid down in delegated acts. conditions should be transparent , proportionate , non-discriminatory and necessary to protect clearly identified legitimate public policy objectives , such as the protection of public health , public order , safety , the environment , public morals , consumer protection , privacy and personal data protection. the conditions should correspond to the risks identified in relation to the sensitivity of such data , including in terms of the risk of the re-identification of individuals. these conditions could include terms applicable for the transfer or technical arrangements , such as the requirement of using a secure processing environment , limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. in exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.


### (20) public sector bodies should be able to charge fees for the re-use of data but should also be able to decide to make the data available at lower or no cost , for example for certain categories of re-uses such as non-commercial re-use , or re-use by small and medium-sized enterprises , so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves , in line with state aid rules. such fees should be reasonable , transparent , published online and non-discriminatory. ### (20) public sector bodies should be able to charge fees for the re-use of data. such fees should be reasonable , transparent , published online and non-discriminatory.


### (21) in order to incentivise the re-use of these categories of data , member states should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. it should have a cross-sector remit , and should complement , if necessary , arrangements at the sectoral level. in addition , member states should designate , establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. their tasks may include granting access to data , where mandated in sectoral union or member states legislation. those competent bodies should provide support to public sector bodies with state-of-the-art techniques , including secure data processing environments , which allow data analysis in a manner that preserves the privacy of the information. such support structure could support the data holders with management of the consent , including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. data processing should be performed under the responsibility of the public sector body responsible for the register containing the data , who remains a data controller in the sense of regulation (eu) 2016/679 insofar as personal data are concerned. member states may have in place one or several competent bodies , which could act in different sectors. ### (21) in order to incentivise the re-use of these categories of data , member states should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. it should have a cross-sector remit , and should complement , if necessary , arrangements at the sectoral level. in addition , member states should designate , establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. their tasks may include granting access to data , where mandated in sectoral union or member states legislation. those competent bodies should provide support to public sector bodies with state-of-the-art techniques , including secure data processing environments , which allow data analysis in a manner that preserves the privacy of the information. such support structure could support the data holders with management of the consent , including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. the competent bodies should not have a supervisory function , which is reserved for supervisory authorities under regulation (eu) 2016/679. without prejudice to the supervisory powers of data protection authorities , data processing should be performed under the responsibility of the public sector body responsible for the register containing the data , who remains a data controller in the sense of regulation (eu) 2016/679 insofar as personal data are concerned. member states may have in place one or several competent bodies , which could act in different sectors.


### (23) a specific category of data intermediaries includes providers of data sharing services that offer their services to data subjects in the sense of regulation (eu) 2016/679. such providers focus exclusively on personal data and seek to enhance individual agency and the individuals’ control over the data pertaining to them. they would assist individuals in exercising their rights under regulation (eu) 2016/679 , in particular managing their consent to data processing , the right of access to their own data , the right to the rectification of inaccurate personal data , the right of erasure or right ‘to be forgotten’ , the right to restrict processing and the data portability right , which allows data subjects to move their personal data from one controller to the other. in this context , it is important that their business model ensures that there are no misaligned incentives that encourage individuals to make more data available for processing than what is in the individuals’ own interest. this could include advising individuals on uses of their data they could allow and making due diligence checks on data users before allowing them to contact data subjects , in order to avoid fraudulent practices. in certain situations , it could be desirable to collate actual data within a personal data storage space , or ‘personal data space’ so that processing can happen within that space without personal data being transmitted to third parties in order to maximise the protection of personal data and privacy. ### (23) a specific category of data intermediaries includes providers of data sharing services that offer their services to data subjects in the sense of regulation (eu) 2016/679. such providers focus exclusively on personal data and seek to enhance individual agency and the individuals’ control over the data pertaining to them. they would assist individuals in exercising their rights under regulation (eu) 2016/679 , in particular managing their consent to data processing , the right of access to their own data , the right to the rectification of inaccurate personal data , the right of erasure or right ‘to be forgotten’ , the right to withdraw their consent , the right to restrict processing and the data portability right , which allows data subjects to move their personal data from one controller to the other. in this context , it is important that their business model ensures that there are no misaligned incentives that encourage individuals to make more data available for processing than what is in the individuals’ own interest. this could include advising individuals on uses of their data they could allow and making due diligence checks on data users before allowing them to contact data subjects , in order to avoid fraudulent practices. in certain situations , it could be desirable to collate actual data within a personal data storage space , or ‘personal data space’ so that processing can happen within that space without personal data being transmitted to third parties in order to maximise the protection of personal data and privacy.


### (36) legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements , should be able to register as ‘data altruism organisations recognised in the union’. this could lead to the establishment of data repositories. as registration in a member state would be valid across the union , and this should facilitate cross-border data use within the union and the emergence of data pools covering several member states. data subjects in this respect would consent to specific purposes of data processing , but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. the voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. such trust should result in particular from a place of establishment within the union , as well as from the requirement that registered entities have a not-for-profit character , from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity , oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics , effective technical means to withdraw or modify consent at any moment , based on the information obligations of data processors under regulation (eu) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. ### (36) legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements , should be able to register as ‘data altruism organisations recognised in the union’. this could lead to the establishment of data repositories. as registration in a member state would be valid across the union , and this should facilitate cross-border data use within the union and the emergence of data pools covering several member states. legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. the voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. such trust should result in particular from a place of establishment within the union , as well as from the requirement that registered entities have a not-for-profit character , from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity , oversight mechanisms such as ethics councils or boards , including representatives from civil society and relevant affected communities , to ensure that the data controller maintains high standards of scientific ethics and protection of fundamental rights , effective technical means to withdraw or modify consent at any moment , based on the information obligations of data processors under regulation (eu) 2016/679 as well as means for data subjects to stay informed about the use of data they made available.


### (38) data altruism organisations recognised in the union should be able to collect relevant data directly from natural and legal persons or to process data collected by others. typically , data altruism would rely on consent of data subjects in the sense of article 6(1)(a) and 9(2)(a) and in compliance with requirements for lawful consent in accordance with article 7 of regulation (eu) 2016/679. in accordance with regulation (eu) 2016/679 , scientific research purposes can be supported by consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research or only to certain areas of research or parts of research projects. article 5(1)(b) of regulation (eu) 2016/679 specifies that further processing for scientific or historical research purposes or statistical purposes should , in accordance with article 89(1) of regulation (eu) 2016/679 , not be considered to be incompatible with the initial purposes. ### (38) data altruism organisations recognised in the union should be able to collect relevant data directly from natural and legal persons or to process data collected by others under an appropriate legal basis established under regulation (eu) 2016/679. typically , data altruism would rely on consent of data subjects in the sense of article 6(1)(a) and 9(2)(a) and in compliance with requirements for lawful consent in accordance with article 7 of regulation (eu) 2016/679. in accordance with regulation (eu) 2016/679 , scientific research purposes can be supported by consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research or only to certain areas of research or parts of research projects. article 5(1)(b) of regulation (eu) 2016/679 specifies that further processing for scientific or historical research purposes or statistical purposes should , in accordance with article 89(1) of regulation (eu) 2016/679 , not be considered to be incompatible with the initial purposes.


### conditions for the re-use , within the union , of certain categories of data held by public sector bodies; ### conditions for the re-use , within the union , of certain categories of non-personal data held by public sector bodies;


### (4) ‘metadata’ means data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service , including the date , time and geolocation data , duration of activity , connections to other natural or legal persons established by the person who uses the service; ### deleted


### (4) ‘metadata’ means data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service , including the date , time and geolocation data , duration of activity , connections to other natural or legal persons established by the person who uses the service; ### (4) ‘metadata’ means non personal or anonymised data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service , including the date , time and geolocation data , duration of activity , connections to other natural or legal persons established by the person who uses the service;


### (7) ‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data , based on voluntary agreements , directly or through an intermediary; ### (7) 'data exchange’ means the provision by a data holder or data intermediary of data to a data user for the purpose of joint or individual use of the shared data , based on voluntary agreements , directly or through an intermediary , under open data or commercial licences , for free or against remuneration; insofar as personal data is concerned , their processing must always be based on an adequate legal basis under article 6 of the gdpr;


### (7) ‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data , based on voluntary agreements , directly or through an intermediary; ### (7) ‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data , based on voluntary agreements , directly or through an intermediary. insofar as personal data are concerned , their processing must always be based on an adequate legal basis under article 6 of the gdpr.


### (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them , or permissions of other data holders to allow the use of their non-personal data without seeking a reward , for purposes of general interest , such as scientific research purposes or improving public services; ### (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them , or permissions of other data holders to allow the use of their non-personal data without seeking or receiving a reward , for purposes of public interest , such as scientific research purposes or improving public services;


### (2) conditions for re-use shall be non-discriminatory , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. these conditions shall not be used to restrict competition. ### (2) conditions for re-use shall be non-discriminatory , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. consent shall be given specifically for the intended re-use task only , general consent shall not be requested in advance. these conditions shall not be used to restrict competition.


### (2) conditions for re-use shall be non-discriminatory , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. these conditions shall not be used to restrict competition. ### (2) conditions for re-use shall be based on consent by the rights holder , non-discriminatory , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. these conditions shall not be used to restrict competition.


### (2) conditions for re-use shall be non-discriminatory , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. these conditions shall not be used to restrict competition. ### (2) conditions for re-use shall be lawful , transparent , non-discriminatory , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed.


### (3) public sector bodies may impose an obligation to re-use only pre-processed data where such pre-processing aims to anonymize or pseudonymise personal data or delete commercially confidential information , including trade secrets. ### (3) public sector bodies shall impose an obligation to re-use only pre-processed data where such pre-processing aims to anonymize personal data or delete commercially confidential information , including trade secrets.


### (3) public sector bodies may impose an obligation to re-use only pre-processed data where such pre-processing aims to anonymize or pseudonymise personal data or delete commercially confidential information , including trade secrets. ### (3) public sector bodies shall impose an obligation to re-use only pre-processed non-personal data where such pre-processing aims of anonymizing or pseudonymising personal data or to protect commercially confidential information , including trade secrets , as well as content protected by intellectual property rights.


### (4) public sector bodies may impose obligations ### (4) public sector bodies shall impose obligations


### to access and re-use the data within a secure processing environment provided and controlled by the public sector ; ### to access and re-use the data , in anonymised form , within a secure processing environment provided and controlled by the public sector ;


### (5) the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. the public sector body shall be able to verify any results of processing of data undertaken by the re-user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. ### (5) the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. the public sector body shall be able to verify any results of processing of data undertaken by the re-user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. to this end , the public sector bodies shall be equipped with the necessary human and financial resources for monitoring and law enforcement.


### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under regulation (eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. in that task they may be assisted by the competent bodies referred to in article 7 (1). ### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 2 to 5 and there is no other legal basis for transmitting the data under regulation (eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. in that task they may be assisted by the competent bodies referred to in article 7 (1).


### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under regulation (eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. in that task they may be assisted by the competent bodies referred to in article 7 (1). ### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5c (new) and there is no other legal basis for transmitting the data under regulation (eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. in that task they may be assisted by the competent bodies referred to in article 7 (1).


### (2) any fees shall be non-discriminatory , proportionate and objectively justified and shall not restrict competition. ### (2) any fees shall be non-discriminatory , proportionate and objectively justified and shall cover the costs of monitoring and enforcement. they shall not create incentives to sell or lower the protection of sensitive data.


### (4) where they apply fees , public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in article 3 (1) for non-commercial purposes and by small and medium-sized enterprises in line with state aid rules. ### (4) where they apply fees , public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in article 3 (1) for non-commercial purposes in the public interest , scientific or historical research and by small and medium-sized enterprises and microenterprises in line with state aid rules. in such cases , the re-use should be allowed for free or at a lower cost.


### intermediation services between data subjects that seek to make their personal data available and potential data users , including making available the technical or other means to enable such services , in the exercise of the rights provided in regulation (eu) 2016/679; ### intermediation services between data subjects that seek to make their personal data available and potential data users , including making available the technical or other means to enable such services , in the exercise of the rights provided in regulation (eu) 2016/679; the data sharing services shall not themselves process the personal data , but shall only allow data subjects to give consent to specific data users and for specific purposes;


### (2) this chapter shall be without prejudice to the application of other union and national law to providers of data sharing services , including powers of supervisory authorities to ensure compliance with applicable law , in particular as regard the protection of personal data and competition law. ### (2) this regulation shall be without prejudice to the application of other union and national law to providers of data sharing services , including powers of supervisory authorities to ensure compliance with applicable law , in particular as regard the protection of personal data and competition law.


### (3) a provider of data sharing services that is not established in the union , but offers the services referred to in article 9 (1) within the union , shall appoint a legal representative in one of the member states in which those services are offered. the provider shall be deemed to be under the jurisdiction of the member state in which the legal representative is established. ### (3) a provider of data sharing services that is not established in the union , but offers the services referred to in article 9 (1) within the union , shall appoint a legal representative in one of the member states in which those services are offered and shall be required to house eu citizens’ data on eu territory. the provider shall be deemed to be under the jurisdiction of the member state in which the legal representative is established.


### (2) the metadata collected from the provision of the data sharing service may be used only for the development of that service; ### deleted


### (1) each member state shall designate in its territory one or more authorities competent to carry out the tasks related to the notification framework and shall communicate to the commission the identity of those designated authorities by [date of application of this regulation]. it shall also communicate to the commission any subsequent modification. ### (1) each member state shall designate in its territory data protection authorities to carry out the tasks related to the notification framework and shall communicate to the commission the identity of those designated authorities by [date of application of this regulation]. it shall also communicate to the commission any subsequent modification.


### (3) the designated competent authorities , the data protection authorities , the national competition authorities , the authorities in charge of cybersecurity , and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers. ### (3) the data protection authorities , the national competition authorities , the authorities in charge of cybersecurity , and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers.


### (3) the designated competent authorities , the data protection authorities , the national competition authorities , the authorities in charge of cybersecurity , and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers. ### (3) in accordance with their respective competences under union and national law , the designated competent authorities , the data protection authorities , the national competition authorities , the authorities in charge of cybersecurity , and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers.


### (3) where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in article 10 or 11 , it shall notify that provider of those findings and give it the opportunity to state its views , within a reasonable time limit. ### (3) where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in this chapter , it shall notify that provider of those findings and give it the opportunity to state its views , within a reasonable time limit.


### (4) the competent authority shall have the power to require the cessation of the breach referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures aimed at ensuring compliance. in this regard , the competent authorities shall be able , where appropriate: ### (4) the competent authority shall have the power to require the cessation of the breach referred to in paragraph 3 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures aimed at ensuring compliance. in this regard , the competent authorities shall be able:


### about any processing outside the union. ### about any processing outside the union , including its location.


### (2) the entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing. ### (2) the entity shall also ensure that the data is not used for any other purposes than those of general interest for which it permits the processing. to that extent , the entity shall put in place measures to monitor the processing of data carried out by the data user. the entity shall put in place measures in order to prevent fraudulent or abusive practices in relation to access to data from parties seeking access through their services; safeguards shall be provided to ensure that misleading marketing practices are not used to solicit donations of data; the entity shall take measures to ensure a high level of security for the storage and processing of non-personal data; the entity shall ensure that consent from data subjects or permissions to process data made available by legal persons can be easily withdrawn; the entity shall also guarantee that data holders reserve the right to obtain access to and to retrieve their data should they decide to withdraw their permission to the processing of their data for data altruism purposes; possibilities for sanctions shall be provided for when acting against public interests , according to national laws;


### (3) the top-management and the personnel responsible for carrying out the relevant tasks of the competent authority provided for in this regulation cannot be the designer , manufacturer , supplier , installer , purchaser , owner , user or maintainer of the services which they evaluate , nor the authorised representative of any of those parties or represent them. this shall not preclude the use of evaluated services that are necessary for the operations of the competent authority or the use of such services for personal purposes. ### (3) the top-management and the personnel responsible for carrying out the relevant tasks of the competent authority provided for in this regulation cannot be the designer , manufacturer , supplier , installer , purchaser , owner , user or maintainer of the services which they evaluate , nor the authorised representative of any of those parties or represent them or have represented them for the last two years. this shall not preclude the use of evaluated services that are necessary for the operations of the competent authority or the use of such services for personal purposes.


### (1) the commission shall establish a european data innovation board (“the board”) in the form of an expert group , consisting of the representatives of competent authorities of all the member states , the european data protection board , the commission , relevant data spaces and other representatives of competent authorities in specific sectors. ### (1) the commission shall establish a european data innovation board (“the board”) in the form of an expert group , consisting of the representatives of competent authorities of all the member states , the european data protection board , the commission , european social partners , relevant data spaces , including civil society organisations and other representatives of competent authorities in data protection sectors.


### (2) stakeholders and relevant third parties may be invited to attend meetings of the board and to participate in its work. ### (2) stakeholders and relevant third parties may be invited to attend meetings of the board and publish afterwards a public report of their communication to the board.


### (18) in order to prevent unlawful access to non-personal data , public sector bodies , natural or legal persons to which the right to re-use data was granted , data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored , including encryption of data or corporate policies. ### (18) in order to prevent unlawful access to non-personal data , public sector bodies , natural or legal persons to which the right to re-use data was granted , data sharing providers and entities entered in the register of public interest data hubs should take all reasonable measures to prevent access to the systems where non-personal data is stored , including encryption of data.


### a framework for voluntary registration of entities which collect and process data made available for altruistic purposes. ### a framework for registration of entities which collect and process data made available for altruistic purposes.


### (5) ‘data holder’ means a legal person or data subject who , in accordance with applicable union or national law , has the right to grant access to or to share certain personal or non-personal data under its control; ### (5) ‘data holder’ means a legal person who , in accordance with applicable union or national law , has the right to grant access to or to share certain non-personal data under its control;


### (5) ‘data holder’ means a legal person or data subject who , in accordance with applicable union or national law , has the right to grant access to or to share certain personal or non-personal data under its control; ### (5) ‘data holder’ means a data subject who , in accordance with applicable union or national law , has the right to grant access to or to share certain personal or non-personal data under its control;


### (6) ‘data user’ means a natural or legal person who has lawful access to certain personal or non-personal data and is authorised to use that data for commercial or non-commercial purposes; ### (6) ‘data user’ means a natural or legal person who has lawful access to certain non-personal data and is authorised to use that data for commercial or non-commercial purposes;


### (9) the commission may adopt implementing acts declaring that the legal , supervisory and enforcement arrangements of a third country: ### deleted


### (10) public sector bodies shall only transmit confidential data or data protected by intellectual property rights to a re-user which intends to transfer the data to a third country other than a country designated in accordance with paragraph 9 if the re-user undertakes: ### deleted


### (12) the natural or legal person to which the right to re-use non-personal data was granted may transfer the data only to those third-countries for which the requirements in paragraphs 9 to 11 are met. ### deleted


### article 6 ### deleted


### (11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons , it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place. ### (11) where a provider provides tools for obtaining consent from data subjects in accordance with article 7 and article 8 of regulation 2016/679 , or permissions to process data made available by legal persons , it shall also specify the jurisdiction or jurisdictions in which the data use is intended to take place.


### (2) the competent authority shall have the power to request from providers of data sharing services all the information that is necessary to verify compliance with the requirements laid down in articles 10 and 11. any request for information shall be proportionate to the performance of the task and shall be reasoned. ### (2) the competent authority shall have the power to request from providers of data sharing services all the information that is necessary to verify compliance with the requirements laid down in articles 10 and 11.


### to require cessation or postponement of the provision of the data sharing service. ### to require cessation of the provision of the data sharing service.


### (3) an entity that is not established in the union , but meets the requirements in article 16 , shall appoint a legal representative in one of the member states where it intends to collect data based on data altruism. for the purpose of compliance with this regulation , that entity shall be deemed to be under the jurisdiction of the member state where the legal representative is located. ### deleted


### the address of the entity’s main establishment in the union , if any , and , where applicable , any secondary branch in another member state or that of the legal representative designated pursuant to paragraph (3); ### the address of the entity’s main establishment in the union , if any , and , where applicable , any secondary branch in another member state;


### (3) where an entity entered in the register of recognised data altruism organisations provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons , it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place. ### (3) where an entity entered in the register of recognised data altruism organisations provides tools for obtaining consent in accordance with article 7 and article 8 of regulation 2016/679 from data subjects or permissions to process data made available by legal persons , it shall also specify the jurisdiction or jurisdictions in which the data use is intended to take place.


### (1) the public sector body , the natural or legal person to which the right to re-use data was granted under chapter 2 , the data sharing provider or the entity entered in the register of recognised data altruism organisations , as the case may be , shall take all reasonable technical , legal and organisational measures in order to prevent transfer or access to non-personal data held in the union where such transfer or access would create a conflict with union law or the law of the relevant member state , unless the transfer or access are in line with paragraph 2 or 3. ### (1) the public sector body , the natural or legal person to which the right to re-use data was granted under chapter 2 , the data intermediary or the entity entered in the register of recognised data altruism organisations , as the case may be , shall take all reasonable technical , legal and organisational measures in order to forbid transfer or access to non-personal data held in the union where such transfer or access would create a conflict with union law or the law of the relevant member state , without prejudice to paragraph 2 or 3.