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 33
- holder 11
- user 10
- prospective 9
- such 6
- related_service 6
- including 5
- which 5
- arrangements 5
- whether 5
- connected_product 5
- shall 4
- contract 4
- duration 4
- relevant 4
- product 4
- applicable 3
- access 3
- retrieve 3
- volume 3
- well 3
- estimated 3
- accessible 3
- capable 3
- retention 3
- information 2
- least 2
- following 2
- manner: 2
- comprehensible 2
- clear 2
- nature 2
- generating 2
- means 2
- provision 2
- holder’s 2
- storage 2
- generated 2
- purposes 2
- third 2
- parties 2
- identity 2
- trade_secret 2
- provide 2
- article 2
- format 2
- used 2
- make 2
- designed 2
- concluding 2
Article 3
Obligation to make product data and related_service data accessible to the user
1. Connected products shall be designed and manufactured, and related_services shall be designed and provided, in such a manner that product data and related_service data, including the relevant meta data necessary to interpret and use those data, are, by default, easily, securely, free of charge, in a comprehensive, structured, commonly used and machine-readable format, and, where relevant and technically feasible, directly accessible to the user.
2. Before concluding a contract for the purchase, rent or lease of a connected_product, the seller, rentor or lessor, which may be the manufacturer, shall provide at least the following information to the user, in a clear and comprehensible manner:
| (a) | the type, format and estimated volume of product data which the connected_product is capable of generating; |
| (b) | whether the connected_product is capable of generating data continuously and in real-time; |
| (c) | whether the connected_product is capable of storing data on-device or on a remote server, including, where applicable, the intended duration of retention; |
| (d) | how the user may access, retrieve or, where relevant, erase the data, including the technical means to do so, as well as their terms of use and quality of service. |
3. Before concluding a contract for the provision of a related_service, the provider of such related_service shall provide at least the following information to the user, in a clear and comprehensible manner:
| (a) | the nature, estimated volume and collection frequency of product data that the prospective data holder is expected to obtain and, where relevant, the arrangements for the user to access or retrieve such data, including the prospective data holder’s data storage arrangements and the duration of retention; |
| (b) | the nature and estimated volume of related_service data to be generated, as well as the arrangements for the user to access or retrieve such data, including the prospective data holder’s data storage arrangements and the duration of retention; |
| (c) | whether the prospective data holder expects to use readily available data itself and the purposes for which those data are to be used, and whether it intends to allow one or more third parties to use the data for purposes agreed upon with the user; |
| (d) | the identity of the prospective data holder, such as its trading name and the geographical address at which it is established and, where applicable, of other data processing parties; |
| (e) | the means of communication which make it possible to contact the prospective data holder quickly and communicate with that data holder efficiently; |
| (f) | how the user can request that the data are shared with a third party and, where applicable, end the data sharing; |
| (g) | the user’s right to lodge a complaint alleging an infringement of any of the provisions of this Chapter with the competent authority designated pursuant to Article 37; |
| (h) | whether a prospective data holder is the holder of trade_secrets contained in the data that is accessible from the connected_product or generated during the provision of a related_service, and, where the prospective data holder is not the trade_secret holder, the identity of the trade_secret holder; |
| (i) | the duration of the contract between the user and the prospective data holder, as well as the arrangements for terminating such a contract. |
whereas