As work on the Digital Omnibus continues, “we remain concerned about the proposed way of integrating the Open Data Directive (ODD) into the Data Act”, the Polish government said in a non-paper concerning regulatory simplification work dedicated, among other things, to the Open Data Directive, presented at the end of 2025 (see EUROPE 13755/4).
At the end of November 2025, the European Commission proposed consolidating and revising several key regulations and directives into a single text, including the GDPR (General Data Protection Regulation), the Data Act and Data Governance Act (which merges data-sharing mechanisms, regulates intermediaries and establishes a framework for data altruism) and the Open Data Directive (which provides free access to high-value public datasets and is now integrated into a broader framework).
“We share the goal of streamlining and simplifying existing EU data legislation. However, the proposed consolidation requires further amendments to the ODD provisions in order to adjust their wording for directly applicable EU regulation”, the Polish government says in a document dated 20 August, calling for greater flexibility in applying the rules.
Warsaw particularly regrets that the simplification consisted of a mechanical integration “of the ODD provisions into the Digital Omnibus Regulation, without adapting them to the nature of a directly applicable legal instrument”.
This change “will have a significant impact on Member States’ legal systems. The provisions copied from the directive are not sufficiently clear or precise for direct application. As a result, significant interpretative difficulties may arise and the provisions could prove difficult, or even impossible, to apply effectively in practice”.
Warsaw has therefore submitted several proposed amendments, notably on the re-use of open data (the re-use of public or shared information for purposes other than the initial purpose for which they were produced).
Link to the non-paper: https://aeur.eu/f/n6g (Original version in French by Solenn Paulic)