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EU Data Act (Data Act)

Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)

The Data Act has 119 recitals. They are reproduced in this library's dataset and are deliberately not published as pages, because the recitals are reasoning rather than obligation and the articles are where the duties are. Read them at the official source.

CHAPTER I: GENERAL PROVISIONS

CHAPTER II: BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARING

  • Article 3 Obligation to make product data and related service data accessible to the user
  • Article 4 The rights and obligations of users and data holders with regard to access, use and making available product data and related service data
  • Article 5 Right of the user to share data with third parties
  • Article 6 Obligations of third parties receiving data at the request of the user
  • Article 7 Scope of business-to-consumer and business-to-business data sharing obligations

CHAPTER III: OBLIGATIONS FOR DATA HOLDERS OBLIGED TO MAKE DATA AVAILABLE PURSUANT TO UNION LAW

  • Article 8 Conditions under which data holders make data available to data recipients
  • Article 9 Compensation for making data available
  • Article 10 Dispute settlement
  • Article 11 Technical protection measures on the unauthorised use or disclosure of data
  • Article 12 Scope of obligations for data holders obliged pursuant to Union law to make data available
  • Article 13 Unfair contractual terms unilaterally imposed on another enterprise

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

  • Article 14 Obligation to make data available on the basis of an exceptional need
  • Article 15 Exceptional need to use data
  • Article 16 Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
  • Article 17 Requests for data to be made available
  • Article 18 Compliance with requests for data
  • Article 19 Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
  • Article 20 Compensation in cases of an exceptional need
  • Article 21 Sharing of data obtained in the context of an exceptional need with research organisations or statistical bodies
  • Article 22 Mutual assistance and cross-border cooperation

CHAPTER VI: SWITCHING BETWEEN DATA PROCESSING SERVICES

  • Article 23 Removing obstacles to effective switching
  • Article 24 Scope of the technical obligations
  • Article 25 Contractual terms concerning switching
  • Article 26 Information obligation of providers of data processing services
  • Article 27 Obligation of good faith
  • Article 28 Contractual transparency obligations on international access and transfer
  • Article 29 Gradual withdrawal of switching charges
  • Article 30 Technical aspects of switching
  • Article 31 Specific regime for certain data processing services

CHAPTER VII: UNLAWFUL INTERNATIONAL GOVERNMENTAL ACCESS AND TRANSFER OF NON-PERSONAL DATA

  • Article 32 International governmental access and transfer

CHAPTER VIII: INTEROPERABILITY

  • Article 33 Essential requirements regarding interoperability of data, of data sharing mechanisms and services, as well as of common European data spaces
  • Article 34 Interoperability for the purposes of in-parallel use of data processing services
  • Article 35 Interoperability of data processing services
  • Article 36 Essential requirements regarding smart contracts for executing data sharing agreements

CHAPTER IX: IMPLEMENTATION AND ENFORCEMENT

CHAPTER X: SUI GENERIS RIGHT UNDER DIRECTIVE 96/9/EC

CHAPTER XI: FINAL PROVISIONS

Source text: EUR-Lex, Official Journal HTML (CELEX 32023R2854). The parser was validated against the anchor articles verified in REP-08.