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 27
- shall 17
- requirements 16
- commission 13
- paragraph 12
- essential 11
- european 10
- article 9
- regulation 9
- down 9
- laid 8
- spaces 8
- common 7
- accordance 7
- acts 7
- article 7
- implementing 7
- thereof 6
- the 6
- harmonised_standards 6
- union 6
- services 6
- referred 6
- participants 5
- harmonised_standard 5
- such 5
- parts 5
- account 4
- into 4
- journal 4
- draft 4
- official 4
- request 4
- which 4
- reference 4
- published 4
- eu no / 3
- means 3
- relevant 3
- have 3
- edib 3
- been 3
- common_specifications 3
- standardisation 3
- no / 3
- covered 3
- described 3
- access 3
- adopt 3
- interoperability 3
Article 33
Essential requirements regarding interoperability of data, of data sharing mechanisms and services, as well as of common European data spaces
1. Participants in data spaces that offer data or data services to other participants shall comply with the following essential requirements to facilitate the interoperability of data, of data sharing mechanisms and services, as well as of common European data spaces which are purpose- or sector-specific or cross-sectoral interoperable frameworks for common standards and practices to share or jointly process data for, inter alia, the development of new products and services, scientific research or civil society initiatives:
| (a) | the dataset content, use restrictions, licences, data collection methodology, data quality and uncertainty shall be sufficiently described, where applicable, in a machine-readable format, to allow the recipient to find, access and use the data; |
| (b) | the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, shall be described in a publicly available and consistent manner; |
| (c) | the technical means to access the data, such as application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable automatic access and transmission of data between parties, including continuously, in bulk download or in real-time in a machine-readable format where that is technically feasible and does not hamper the good functioning of the connected_product; |
| (d) | where applicable, the means to enable the interoperability of tools for automating the execution of data sharing agreements, such as smart_contracts shall be provided. |
The requirements can have a generic nature or concern specific sectors, while taking fully into account the interrelation with requirements arising from other Union or national law.
2. The Commission is empowered to adopt delegated acts, in accordance with Article 45 of this Regulation to supplement this Regulation by further specifying the essential requirements laid down in paragraph 1 of this Article, in relation to those requirements that, by their nature, cannot produce the intended effect unless they are further specified in binding Union legal acts and in order to properly reflect technological and market developments.
The Commission shall when adopting delegated acts take into account the advice of the EDIB in accordance with Article 42, point (c)(iii).
3. The participants in data spaces that offer data or data services to other participants in data spaces which meet the harmonised_standards or parts thereof, the references of which are published in the Official Journal of the European Union, shall be presumed to be in conformity with the essential requirements laid down in paragraph 1 to the extent that those requirements are covered by such harmonised_standards or parts thereof.
4. The Commission shall, pursuant to Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised_standards that satisfy the essential requirements laid down in paragraph 1 of this Article.
5. The Commission may, by means of implementing acts, adopt common_specifications covering any or all of the essential requirements laid down in paragraph 1 where the following conditions have been fulfilled:
| (a) | the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised_standard that satisfies the essential requirements laid down in paragraph 1 of this Article and:
|
| (b) | no reference to harmonised_standards covering the relevant essential requirements laid down in paragraph 1 of this Article is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period. |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
6. Before preparing a draft implementing act referred to in paragraph 5 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 5 of this Article have been fulfilled.
7. When preparing the draft implementing act referred to in paragraph 5, the Commission shall take into account the advice of the EDIB and views of other relevant bodies or expert groups and shall duly consult all relevant stakeholders.
8. The participants in data spaces that offer data or data services to other participants in data spaces that meet the common_specifications established by implementing acts referred to in paragraph 5 or parts thereof shall be presumed to be in conformity with the essential requirements laid down in paragraph 1 to the extent that those requirements are covered by such common_specifications or parts thereof.
9. Where a harmonised_standard is adopted by a European standardisation organisation and proposed to the Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall assess the harmonised_standard in accordance with Regulation (EU) No 1025/2012. Where the reference of a harmonised_standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in paragraph 5 of this Article, or parts thereof which cover the same essential requirements as those covered by that harmonised_standard.
10. When a Member State considers that a common specification does not entirely satisfy the essential requirements laid down in paragraph 1, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.
11. The Commission may adopt guidelines taking into account the proposal of the EDIB in accordance with Article 30, point (h), of Regulation (EU) 2022/868 laying down interoperable frameworks for common standards and practices for the functioning of common European data spaces.
whereas