Data Act 2023/2854 EN

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2023/2854 EN cercato: 'adoption' . Output generated live by software developed by IusOnDemand srl

expand index adoption:

1 Article 15 Exceptional need to use data

1 Article 42 Role of the EDIB

whereas adoption:

definitions:

cloud tag:

and the number of total unique words without stopwords is: 160

Article 15

Exceptional need to use data

1. An exceptional need to use certain data within the meaning of this Chapter shall be limited in time and scope and shall be considered to exist only in any of the following circumstances:

(a)	where the data requested is necessary to respond to a public_emergency and the public_sector_body, the Commission, the European Central Bank or the Union body is unable to obtain such data by alternative means in a timely and effective manner under equivalent conditions;

(b)

in circumstances not covered by point (a) and only insofar as non-personal data is concerned, where:

(i)

a public_sector_body, the Commission, the European Central Bank or a Union body is acting on the basis of Union or national law and has identified specific data, the lack of which prevents it from fulfilling a specific task carried out in the public interest, that has been explicitly provided for by law, such as the production of official statistics or the mitigation of or recovery from a public_emergency; and

(ii)

the public_sector_body, the Commission, the European Central Bank or the Union body has exhausted all other means at its disposal to obtain such data, including purchase of non-personal data on the market by offering market rates, or by relying on existing obligations to make data available or the adoption of new legislative measures which could guarantee the timely availability of the data.

2. Paragraph 1, point (b), shall not apply to micro enterprises and small enterprises.

3. The obligation to demonstrate that the public_sector_body was unable to obtain non-personal data by purchasing them on the market shall not apply where the specific task carried out in the public interest is the production of official statistics and where the purchase of such data is not allowed by national law.

Article 42

Role of the EDIB

The EDIB established by the Commission as an expert group pursuant to Article 29 of Regulation (EU) 2022/868, in which competent authorities shall be represented, shall support the consistent application of this Regulation by:

(a)	advising and assisting the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V and VII;

(b)

facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapters II, III and V in cross-border cases, including coordination with regard to the setting of penalties;

(c)

advising and assisting the Commission with regard to:

(i)	whether to request the drafting of harmonised_standards referred to in Article 33(4), Article 35(4) and Article 36(5);

(ii)	the preparation of the implementing acts referred to in Article 33(5), Article 35(5) and (8) and Article 36(6);

(iii)

the preparation of the delegated acts referred to in Article 29(7) and Article 33(2); and

(iv)	the adoption of the guidelines laying down interoperable frameworks for common standards and practices for the functioning of common European data spaces referred to in Article 33(11).

CHAPTER X

SUI GENERIS RIGHT UNDER DIRECTIVE 96/9/EC

whereas

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Data Act 2023/2854 EN