keyboard_tab Data Act 2023/2854 EN
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- Article 1 Subject matter and scope
- Article 2 Definitions
- Article 3 Obligation to make product data and related service data accessible to the user
- Article 4 The rights and obligations of users and data holders with regard to access, use and making available product data and related service data
- Article 5 Right of the user to share data with third parties
- Article 6 Obligations of third parties receiving data at the request of the user
- Article 7 Scope of business-to-consumer and business-to-business data sharing obligations
- Article 8 Conditions under which data holders make data available to data recipients
- Article 9 Compensation for making data available
- Article 10 Dispute settlement
- Article 11 Technical protection measures on the unauthorised use or disclosure of data
- Article 12 Scope of obligations for data holders obliged pursuant to Union law to make data available
- Article 13 Unfair contractual terms unilaterally imposed on another enterprise
- Article 14 Obligation to make data available on the basis of an exceptional need
- Article 15 Exceptional need to use data
- Article 16 Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
- Article 17 Requests for data to be made available
- Article 18 Compliance with requests for data
- Article 19 Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- Article 20 Compensation in cases of an exceptional need
- Article 21 Sharing of data obtained in the context of an exceptional need with research organisations or statistical bodies
- Article 22 Mutual assistance and cross-border cooperation
- Article 23 Removing obstacles to effective switching
- Article 24 Scope of the technical obligations
- Article 25 Contractual terms concerning switching
- Article 26 Information obligation of providers of data processing services
- Article 27 Obligation of good faith
- Article 28 Contractual transparency obligations on international access and transfer
- Article 29 Gradual withdrawal of switching charges
- Article 30 Technical aspects of switching
- Article 31 Specific regime for certain data processing services
- Article 32 International governmental access and transfer
- Article 33 Essential requirements regarding interoperability of data, of data sharing mechanisms and services, as well as of common European data spaces
- Article 34 Interoperability for the purposes of in-parallel use of data processing services
- Article 35 Interoperability of data processing services
- Article 36 Essential requirements regarding smart contracts for executing data sharing agreements
- Article 37 Competent authorities and data coordinators
- Article 38 Right to lodge a complaint
- Article 39 Right to an effective judicial remedy
- Article 40 Penalties
- Article 41 Model contractual terms and standard contractual clauses
- Article 42 Role of the EDIB
- Article 43 Databases containing certain data
- Article 44 Other Union legal acts governing rights and obligations on data access and use
- Article 45 Exercise of the delegation
- Article 46 Committee procedure
- Article 47 Amendment to Regulation (EU) 2017/2394
- Article 48 Amendment to Directive (EU) 2020/1828
- Article 49 Evaluation and review
- Article 50 Entry into force and application
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARING
CHAPTER III
OBLIGATIONS FOR DATA HOLDERS OBLIGED TO MAKE DATA AVAILABLE PURSUANT TO UNION LAW
CHAPTER IV
UNFAIR CONTRACTUAL TERMS RELATED TO DATA ACCESS AND USE BETWEEN ENTERPRISES
CHAPTER V
MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES, THE COMMISSION, THE EUROPEAN CENTRAL BANK AND UNION BODIES ON THE BASIS OF AN EXCEPTIONAL NEED
CHAPTER VI
SWITCHING BETWEEN DATA PROCESSING SERVICES
CHAPTER VII
UNLAWFUL INTERNATIONAL GOVERNMENTAL ACCESS AND TRANSFER OF NON-PERSONAL DATA
CHAPTER VIII
INTEROPERABILITY
CHAPTER IX
IMPLEMENTATION AND ENFORCEMENT
CHAPTER X
SUI GENERIS RIGHT UNDER DIRECTIVE 96/9/EC
CHAPTER XI
FINAL PROVISIONS
- data
- metadata
- personal data
- non-personal data
- connected product
- related service
- processing
- data processing service
- same service type
- data intermediation service
- data subject
- user
- data holder
- data recipient
- product data
- related service data
- readily available data
- trade secret
- trade secret holder
- profiling
- making available on the market
- placing on the market
- consumer
- enterprise
- small enterprise
- microenterprise
- Union bodies
- public sector body
- public emergency
- customer
- virtual assistants
- digital assets
- on-premises ICT infrastructure
- switching
- data egress charges
- switching charges
- functional equivalence
- exportable data
- smart contract
- interoperability
- common specifications
- harmonised standard
- data 47
- article 14
- request 12
- available 11
- holder 10
- pursuant 10
- commission 10
- bank 9
- public_sector_body 9
- european 9
- central 9
- union 8
- requested 8
- body 7
- made 7
- shall 7
- which 6
- public 5
- third 5
- article 5
- specify 5
- eu / 5
- make 5
- personal 4
- paragraph 4
- accordance 4
- chapter 4
- state 4
- delay 4
- undue 4
- without 4
- referred 4
- need 4
- exceptional 4
- requesting 4
- necessary 4
- such 3
- relevant 3
- technical 3
- bodies 3
- sector 3
- authority 3
- point 3
- obtained 3
- parties 3
- regulation 3
- established 3
- member 3
- requests 3
- party 3
Article 17
Requests for data to be made available
1. When requesting data pursuant to Article 14, a public_sector_body, the Commission, the European Central Bank or a Union body shall:
(a) | specify the data required, including the relevant meta data necessary to interpret and use those data; |
(b) | demonstrate that the conditions necessary for the existence of an exceptional need as referred to in Article 15 for the purpose of which the data are requested are met; |
(c) | explain the purpose of the request, the intended use of the data requested, including, where applicable, by a third party in accordance with paragraph 4 of this Article, the duration of that use, and, where relevant, how the processing of personal data is to address the exceptional need; |
(d) | specify, if possible, when the data are expected to be erased by all parties that have access to them; |
(e) | justify the choice of data holder to which the request is addressed; |
(f) | specify any other public sector bodies or the Commission, European Central Bank or Union_bodies and the third parties with which the data requested is expected to be shared with; |
(g) | where personal data are requested, specify any technical and organisational measures necessary and proportionate to implement data protection principles and necessary safeguards, such as pseudonymisation, and whether anonymisation can be applied by the data holder before making the data available; |
(h) | state the legal provision allocating to the requesting public_sector_body, the Commission, the European Central Bank or the Union body the specific task carried out in the public interest relevant for requesting the data; |
(i) | specify the deadline by which the data are to be made available and the deadline referred to in Article 18(2) by which the data holder may decline or seek modification of the request; |
(j) | make its best efforts to avoid compliance with the data request resulting in the data holders’ liability for infringement of Union or national law. |
2. A request for data made pursuant to paragraph 1 of this Article shall:
(a) | be made in writing and expressed in clear, concise and plain language understandable to the data holder; |
(b) | be specific regarding the type of data requested and correspond to data which the data holder has control over at the time of the request; |
(c) | be proportionate to the exceptional need and duly justified, regarding the granularity and volume of the data requested and frequency of access of the data requested; |
(d) | respect the legitimate aims of the data holder, committing to ensuring the protection of trade_secrets in accordance with Article 19(3), and the cost and effort required to make the data available; |
(e) | concern non-personal data, and only if this is demonstrated to be insufficient to respond to the exceptional need to use data, in accordance with Article 15(1), point (a), request personal data in pseudonymised form and establish the technical and organisational measures that are to be taken to protect the data; |
(f) | inform the data holder of the penalties that are to be imposed pursuant to Article 40 by the competent authority designated pursuant to Article 37 in the event of non-compliance with the request; |
(g) | where the request is made by a public_sector_body, be transmitted to the data coordinator referred to in Article 37 of the Member State where the requesting public_sector_body is established, who shall make the request publicly available online without undue delay unless the data coordinator considers that such publication would create a risk for public security; |
(h) | where the request is made by the Commission, the European Central Bank or a Union body, be made available online without undue delay; |
(i) | where personal data are requested, be notified without undue delay to the supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679 in the Member State where the public_sector_body is established. |
The European Central Bank and Union_bodies shall inform the Commission of their requests.
3. A public_sector_body, the Commission, the European Central Bank or a Union body shall not make data obtained pursuant to this Chapter available for reuse as defined in Article 2, point (2), of Regulation (EU) 2022/868 or Article 2, point (11), of Directive (EU) 2019/1024. Regulation (EU) 2022/868 and Directive (EU) 2019/1024 shall not apply to the data held by public sector bodies obtained pursuant to this Chapter.
4. Paragraph 3 of this Article does not preclude a public_sector_body, the Commission, the European Central Bank or a Union body to exchange data obtained pursuant to this Chapter with another public_sector_body or the Commission, the European Central Bank or a Union body in view of completing the tasks referred to in Article 15, as specified in the request in accordance with paragraph 1, point (f), of this Article or to make the data available to a third party where it has delegated, by means of a publicly available agreement, technical inspections or other functions to that third party. The obligations on public sector bodies pursuant to Article 19, in particular safeguards to preserve the confidentiality of trade_secrets, shall apply also to such third parties. Where a public_sector_body, the Commission, the European Central Bank or a Union body transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received without undue delay.
5. Where the data holder considers that its rights under this Chapter have been infringed by the transmission or making available of data, it may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
6. The Commission shall develop a model template for requests pursuant to this Article.
whereas