keyboard_tab Data Act 2023/2854 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 2 Article 30 Technical aspects of switching
- 1 Article 35 Interoperability of data processing services
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
- services 27
- processing 24
- interoperability 23
- shall 16
- portability 11
- article 11
- referred 10
- article 7
- harmonised_standards 7
- implementing 6
- accordance 6
- application 6
- paragraph 6
- commission 5
- same_service_type 5
- switching 5
- common_specifications 5
- specifications 5
- standards 4
- acts 4
- between 4
- different 4
- union 4
- facilitate 4
- aspects 4
- providers 4
- service 4
- relevant 4
- cover 3
- essential 3
- central 3
- open 3
- and 3
- paragraphs 3
- than 3
- repository 3
- down 3
- laid 3
- european 3
- requirements 3
- provider 3
- technical 3
- policy 3
- open 3
- customer 3
- cloud 3
- syntactic 3
- the 2
- for 2
Article 30
Technical aspects of switching
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall, in accordance with Article 27, take all reasonable measures in their power to facilitate that the customer, after switching to a service covering the same_service_type, achieves functional_equivalence in the use of the destination data processing service. The source provider of data processing services shall facilitate the switching process by providing capabilities, adequate information, documentation, technical support and, where appropriate, the necessary tools.
2. Providers of data processing services, other than those referred to in paragraph 1, shall make open interfaces available to an equal extent to all their customers and the concerned destination providers of data processing services free of charge to facilitate the switching process. Those interfaces shall include sufficient information on the service concerned to enable the development of software to communicate with the services, for the purposes of data portability and interoperability.
3. For data processing services other than those referred to in paragraph 1 of this Article, providers of data processing services shall ensure compatibility with common_specifications based on open interoperability specifications or harmonised_standards for interoperability at least 12 months after the references to those common_specifications or harmonised_standards for interoperability of data processing services were published in the central Union standards repository for the interoperability of data processing services following the publication of the underlying implementing acts in the Official Journal of the European Union in accordance with Article 35(8).
4. Providers of data processing services other than those referred to in paragraph 1 of this Article shall update the online register referred to in Article 26, point (b) in accordance with their obligations under paragraph 3 of this Article.
5. In the case of switching between services of the same_service_type, for which common_specifications or the harmonised_standards for interoperability referred to in paragraph 3 of this Article have not been published in the central Union standards repository for the interoperability of data processing services in accordance with Article 35(8), the provider of data processing services shall, at the request of the customer, export all exportable data in a structured, commonly used and machine-readable format.
6. Providers of data processing services shall not be required to develop new technologies or services, or disclose or transfer digital_assets that are protected by intellectual property rights or that constitute a trade_secret, to a customer or to a different provider of data processing services or compromise the customer’s or provider’s security and integrity of service.
Article 35
Interoperability of data processing services
1. Open interoperability specifications and harmonised_standards for the interoperability of data processing services shall:
| (a) | achieve, where technically feasible, interoperability between different data processing services that cover the same_service_type; |
| (b) | enhance portability of digital_assets between different data processing services that cover the same_service_type; |
| (c) | facilitate, where technically feasible, functional_equivalence between different data processing services referred to in Article 30(1) that cover the same_service_type; |
| (d) | not have an adverse impact on the security and integrity of data processing services and data; |
| (e) | be designed in such a way so as to allow for technical advances and the inclusion of new functions and innovation in data processing services. |
2. Open interoperability specifications and harmonised_standards for the interoperability of data processing services shall adequately address:
| (a) | the cloud interoperability aspects of transport interoperability, syntactic interoperability, semantic data interoperability, behavioural interoperability and policy interoperability; |
| (b) | the cloud data portability aspects of data syntactic portability, data semantic portability and data policy portability; |
| (c) | the cloud application aspects of application syntactic portability, application instruction portability, application meta data portability, application behaviour portability and application policy portability. |
3. Open interoperability specifications shall comply with Annex II to Regulation (EU) No 1025/2012.
4. After taking into account relevant international and European standards and self-regulatory initiatives, the Commission may, in accordance with Article 10(1) 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 paragraphs 1 and 2 of this Article.
5. The Commission may, by means of implementing acts, adopt common_specifications based on open interoperability specifications covering all of the essential requirements laid down in paragraphs 1 and 2.
6. When preparing the draft implementing act referred to in paragraph 5 of this Article, the Commission shall take into account the views of the relevant competent authorities referred to in Article 37(5), point (h) and other relevant bodies or expert groups and shall duly consult all relevant stakeholders.
7. When a Member State considers that a common specification does not entirely satisfy the essential requirements laid down in paragraphs 1 and 2, 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.
8. For the purpose of Article 30(3), the Commission shall, by means of implementing acts, publish the references of harmonised_standards and common_specifications for the interoperability of data processing services in a central Union standards repository for the interoperability of data processing services.
9. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 46(2).
whereas