keyboard_tab Data Act 2023/2854 EN
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- 1 Article 23 Removing obstacles to effective switching
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 14
- processing 13
- services 10
- provider 5
- article 4
- different 4
- service 3
- providers 3
- shall 3
- provided 3
- same_service_type 3
- covering 3
- after 2
- accordance 2
- from 2
- on-premises_ict_infrastructure 2
- which 2
- obstacles 2
- switching 2
- customers 2
- offering 1
- exportable 1
- completion 1
- process 1
- feasible 1
- contract 1
- concluding 1
- contracts 1
- porting 1
- customer’s 1
- including 1
- digital_assets 1
- having 1
- benefited 1
- free-tier 1
- technically 1
- unbundling 1
- environment 1
- period 1
- functional_equivalence 1
- achieving 1
- successful 1
- technical 1
- notice 1
- time 1
- effective 1
- take 1
- measures 1
- articles 1
- and 1
Article 23
Removing obstacles to effective switching
Providers of data processing services shall take the measures provided for in Articles 25, 26, 27, 29 and 30 to enable customers to switch to a data processing service, covering the same_service_type, which is provided by a different provider of data processing services, or to on-premises_ICT_infrastructure, or, where relevant, to use several providers of data processing services at the same time. In particular, providers of data processing services shall not impose and shall remove pre-commercial, commercial, technical, contractual and organisational obstacles, which inhibit customers from:
| (a) | terminating, after the maximum notice period and the successful completion of the switching process, in accordance with Article 25, the contract of the data processing service; |
| (b) | concluding new contracts with a different provider of data processing services covering the same_service_type; |
| (c) | porting the customer’s exportable data and digital_assets, to a different provider of data processing services or to an on-premises_ICT_infrastructure, including after having benefited from a free-tier offering; |
| (d) | in accordance with Article 24, achieving functional_equivalence in the use of the new data processing service in the ICT environment of a different provider of data processing services covering the same_service_type; |
| (e) | unbundling, where technically feasible, data processing services referred to in Article 30(1) from other data processing services provided by the provider of data processing services. |
whereas