# Data Act – Regulation (EU) 2023/2854 URL: https://consilena.com/coverage/laws/stat_eu_32023r2854 - Jurisdiction: European Union - Type: Regulation - Short name: Data Act - Identifier: 32023R2854 - Provisions: 50 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32023R2854 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter I – General provisions - **Art. 1 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… - **Art. 2 Definitions**: For the purposes of this Regulation, the following definitions apply: (1) ‘data’ means any digital representation of acts, facts or information and any… ### Chapter II – Business to consumer and business to business data sharing - **Art. 3 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… - **Art. 4 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… - **Art. 5 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… - **Art. 6 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… - **Art. 7 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… ### Chapter III – Obligations for data holders obliged to make data available pursuant to union law - **Art. 8 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… - **Art. 9 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-… - **Art. 10 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… - **Art. 11 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… - **Art. 12 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… ### Chapter IV – Unfair contractual terms related to data access and use between enterprises - **Art. 13 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… ### 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 - **Art. 14 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… - **Art. 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… - **Art. 16 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… - **Art. 17 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… - **Art. 18 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… - **Art. 19 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… - **Art. 20 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… - **Art. 21 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… - **Art. 22 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… ### Chapter VI – Switching between data processing services - **Art. 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… - **Art. 24 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… - **Art. 25 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… - **Art. 26 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… - **Art. 27 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… - **Art. 28 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… - **Art. 29 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… - **Art. 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… - **Art. 31 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… ### Chapter VII – Unlawful international governmental access and transfer of non-personal data - **Art. 32 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… ### Chapter VIII – Interoperability - **Art. 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… - **Art. 34 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… - **Art. 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… - **Art. 36 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… ### Chapter IX – Implementation and enforcement - **Art. 37 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… - **Art. 38 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… - **Art. 39 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… - **Art. 40 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… - **Art. 41 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… - **Art. 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… ### Chapter X – Sui generis right under directive 96/9/ec - **Art. 43 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… ### Chapter XI – Final provisions - **Art. 44 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… - **Art. 45 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… - **Art. 46 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… - **Art. 47 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… - **Art. 48 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… - **Art. 49 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… - **Art. 50 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… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32023r2854. Index of every page: https://consilena.com/llms.txt.