Data Act – Regulation (EU) 2023/2854

Subject matter and scope

1. This Regulation lays down harmonised rules, inter alia, on: (a) the making available of product data and related service data to the user of the connected…

Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘data’ means any digital representation of acts, facts or information and any…

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…

The rights and obligations of users and data holders with regard to access, use and making available product data and related service data

1. Where data cannot be directly accessed by the user from the connected product or related service, data holders shall make readily available data, as well as…

Right of the user to share data with third parties

1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available readily available data, as well as the relevant…

Obligations of third parties receiving data at the request of the user

1. A third party shall process the data made available to it pursuant to Article 5 only for the purposes and under the conditions agreed with the user and…

Scope of business-to-consumer and business-to-business data sharing obligations

1. The obligations of this Chapter shall not apply to data generated through the use of connected products manufactured or designed or related services…

Conditions under which data holders make data available to data recipients

1. Where, in business-to-business relations, a data holder is obliged to make data available to a data recipient under Article 5 or under other applicable…

Compensation for making data available

1. Any compensation agreed upon between a data holder and a data recipient for making data available in business-to-business relations shall be non-…

Dispute settlement

1. Users, data holders and data recipients shall have access to a dispute settlement body, certified in accordance with paragraph 5 of this Article, to settle…

Technical protection measures on the unauthorised use or disclosure of data

1. A data holder may apply appropriate technical protection measures, including smart contracts and encryption, to prevent unauthorised access to data…

Scope of obligations for data holders obliged pursuant to Union law to make data available

1. This Chapter shall apply where, in business-to-business relations, a data holder is obliged under Article 5 or under applicable Union law or national…

Unfair contractual terms unilaterally imposed on another enterprise

1. A contractual term concerning access to and the use of data or liability and remedies for the breach or the termination of data related obligations, which…

Obligation to make data available on the basis of an exceptional need

Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need, as set out in Article 15, to use…

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…

Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies

1. This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to…

Requests for data to be made available

1. When requesting data pursuant to Article 14, a public sector body, the Commission, the European Central Bank or a Union body shall: (a) specify the data…

Compliance with requests for data

1. A data holder receiving a request to make data available under this Chapter shall make the data available to the requesting public sector body, the…

Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies

1. A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 14 shall: (a) not…

Compensation in cases of an exceptional need

1. Data holders other than microenterprises and small enterprises shall make available data necessary to respond to a public emergency pursuant to Article…

Sharing of data obtained in the context of an exceptional need with research organisations or statistical bodies

1. A public sector body, the Commission, the European Central Bank or a Union body shall be entitled to share data received under this Chapter: (a) with…

Mutual assistance and cross-border cooperation

1. Public sector bodies, the Commission, the European Central Bank and Union bodies shall cooperate and assist one another, to implement this Chapter in a…

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…

Scope of the technical obligations

The responsibilities of providers of data processing services laid down in Articles 23, 25, 29, 30 and 34 shall apply only to the services, contracts or…

Contractual terms concerning switching

1. The rights of the customer and the obligations of the provider of data processing services in relation to switching between providers of such services or…

Information obligation of providers of data processing services

The provider of data processing services shall provide the customer with: (a) information on available procedures for switching and porting to the data…

Obligation of good faith

All parties involved, including destination providers of data processing services, shall cooperate in good faith to make the switching process effective…

Contractual transparency obligations on international access and transfer

1. Providers of data processing services shall make the following information available on their websites, and keep that information up to date: (a) the…

Gradual withdrawal of switching charges

1. From 12 January 2027, providers of data processing services shall not impose any switching charges on the customer for the switching process. 2. From 11…

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…

Specific regime for certain data processing services

1. The obligations laid down in Article 23, point (d), Article 29 and Article 30(1) and (3) shall not apply to data processing services of which the majority…

International governmental access and transfer

1. Providers of data processing services shall take all adequate technical, organisational and legal measures, including contracts, in order to prevent…

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 for the purposes of in-parallel use of data processing services

1. The requirements laid down in Article 23, Article 24, Article 25(2), points (a)(ii), (a)(iv), (e) and (f) and Article 30(2) to (5) shall also apply mutatis…

Interoperability of data processing services

1. Open interoperability specifications and harmonised standards for the interoperability of data processing services shall: (a) achieve, where technically…

Essential requirements regarding smart contracts for executing data sharing agreements

1. The vendor of an application using smart contracts or, in the absence thereof, the person whose trade, business or profession involves the deployment of…

Competent authorities and data coordinators

1. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of this Regulation (competent…

Right to lodge a complaint

1. Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or…

Right to an effective judicial remedy

1. Notwithstanding any administrative or other non-judicial remedy, any affected natural and legal person shall have the right to an effective judicial remedy…

Penalties

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they…

Model contractual terms and standard contractual clauses

The Commission, before 12 September 2025, shall develop and recommend non-binding model contractual terms on data access and use, including terms on reasonable…

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…

Databases containing certain data

The sui generis right provided for in Article 7 of Directive 96/9/EC shall not apply when data is obtained from or generated by a connected product or related…

Other Union legal acts governing rights and obligations on data access and use

1. The specific obligations for the making available of data between businesses, between businesses and consumers, and on exceptional basis between businesses…

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts…

Committee procedure

1. The Commission shall be assisted by the Committee established by Regulation (EU) 2022/868. That committee shall be a committee within the meaning of…

Amendment to Regulation (EU) 2017/2394

In the Annex to Regulation (EU) 2017/2394 the following point is added: ‘29. Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13…

Amendment to Directive (EU) 2020/1828

In Annex I to Directive (EU) 2020/1828 the following point is added: ‘68. Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13…

Evaluation and review

1. By 12 September 2028, the Commission shall carry out an evaluation of this Regulation and submit a report on its main findings to the European Parliament…

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply…