Contact us
Contact us

CHAPTER III

DGA Article 11: Notification by data intermediation services providers

1. Any data intermediation services provider who intends to provide the data intermediation services referred to in Article 10 shall submit a notification to the competent authority for data intermediation services.

2. For the purposes of this Regulation, a data intermediation services provider with establishments in more than one Member State shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment, without prejudice to Union law regulating cross-border actions for damages and related proceedings.

3. A data intermediation services provider that is not established in the Union, but which offers the data intermediation services referred to in Article 10 within the Union, shall designate a legal representative in one of the Member States in which those services are offered.

For the purpose of ensuring compliance with this Regulation, the legal representative shall be mandated by the data intermediation services provider to be addressed in addition to or instead of it by competent authorities for data intermediation services or data subjects and data holders, with regard to all issues related to the data intermediation services provided. The legal representative shall cooperate with and comprehensively demonstrate to the competent authorities for data intermediation services, upon request, the actions taken and provisions put in place by the data intermediation services provider to ensure compliance with this Regulation.

The data intermediation services provider shall be deemed to be under the jurisdiction of the Member State in which the legal representative is located. The designation of a legal representative by the data intermediation services provider shall be without prejudice to any legal actions which could be initiated against the data intermediation services provider.

4. After having submitted a notification in accordance with paragraph 1, the data intermediation services provider may start the activity subject to the conditions laid down in this Chapter.

5. The notification referred to in paragraph 1 shall entitle the data intermediation services provider to provide data intermediation services in all Member States.

6. The notification referred to in paragraph 1 shall include the following information:

(a) the name of the data intermediation services provider;

(b) the data intermediation services provider’s legal status, form, ownership structure, relevant subsidiaries and, where the data intermediation services provider is registered in a trade or other similar public national register, registration number;

(c) the address of the data intermediation services provider’s main establishment in the Union, if any, and, where applicable, of any secondary branch in another Member State or that of the legal representative;

(d) a public website where complete and up-to-date information on the data intermediation services provider and the activities can be found, including as a minimum the information referred to in points (a), (b), (c) and (f);

(e) the data intermediation services provider’s contact persons and contact details;

(f) a description of the data intermediation service the data intermediation services provider intends to provide, and an indication of the categories listed in Article 10 under which such data intermediation service falls;

(g) the estimated date for starting the activity, if different from the date of the notification.

7. The competent authority for data intermediation services shall ensure that the notification procedure is non-discriminatory and does not distort the competition.

8. At the request of the data intermediation services provider, the competent authority for data intermediation services shall, within one week of a duly and fully completed notification, issue a standardised declaration, confirming that the data intermediation services provider has submitted the notification referred to in paragraph 1 and that the notification contains the information referred to in paragraph 6.

9. At the request of the data intermediation services provider, the competent authority for data intermediation services shall confirm that the data intermediation services provider complies with this Article and Article 12. Upon receipt of such a confirmation, that data intermediation services provider may use the label ‘data intermediation services provider recognised in the Union’ in its written and spoken communication, as well as a common logo.

In order to ensure that data intermediation services providers recognised in the Union are easily identifiable throughout the Union, the Commission shall, by means of implementing acts, establish a design for the common logo. Data intermediation services providers recognised in the Union shall display the common logo clearly on every online and offline publication that relates to their data intermediation activities.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33(2).

10. The competent authority for data intermediation services shall notify the Commission of each new notification by electronic means without delay. The Commission shall keep and regularly update a public register of all data intermediation services providers providing their services in the Union. The information referred to in paragraph 6, points (a), (b), (c), (d), (f) and (g), shall be published in the public register.

11. The competent authority for data intermediation services may charge fees for the notification in accordance with national law. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authority for data intermediation services in relation to notifications of data intermediation services providers. In the case of SMEs and start-ups, the competent authority for data intermediation services may charge a discounted fee or waive the fee.

12. Data intermediation services providers shall notify the competent authority for data intermediation services of any changes to the information provided pursuant to paragraph 6 within 14 days of the date of the change.

13. Where a data intermediation services provider ceases its activities, it shall notify the relevant competent authority for data intermediation services determined pursuant to paragraphs 1, 2 and 3 within 15 days.

14. The competent authority for data intermediation services shall notify the Commission of each notification referred to in paragraphs 12 and 13 by electronic means without delay. The Commission shall update the public register of the data intermediation services providers in the Union accordingly.

What this article means in practice

Written by Engage Compliance. The text above is the article itself, reproduced from its official source and unchanged. Everything in this section is ours, and last read against the current text on 2026-09-07.

Article 11 is the notification regime for data intermediation services, and paragraph 3 is the part that catches a company outside the EU: if you offer those services in the Union without being established there, you designate a legal representative in a Member State where you offer them. Doing so also decides which Member State has jurisdiction over you, which is a consequence most readers miss.

Who it binds

  • Any provider intending to supply the data intermediation services described in Article 10 (Article 11(1)). The Article 10 categories are what decide whether you are in scope at all, so the answer starts there rather than here.
  • A provider not established in the Union that offers those services within the Union has to designate a legal representative (Article 11(3)).
  • A provider with establishments in more than one Member State is under the jurisdiction of the one holding its main establishment (Article 11(2)), so the representative question does not arise for it.
  • It carries no size threshold. Article 11(11) contemplates discounted or waived notification fees for SMEs and start-ups, which confirms small providers are in scope rather than out of it.

What it makes somebody do

  • You, the provider. Submit a notification to the competent authority for data intermediation services before providing the service (Article 11(1)), containing the seven items listed in Article 11(6).
  • You, the provider, if outside the Union. Designate a legal representative in one of the Member States where the services are offered (Article 11(3)).
  • You, the provider. Mandate the representative to be addressed in addition to or instead of you by competent authorities, data subjects and data holders, on all issues related to the services (Article 11(3)).
  • You, the provider. Run a public website carrying complete and current information about you and the activities, including at minimum your name, legal status, address and service description (Article 11(6)(d)).
  • You, the provider. Notify any change to the Article 11(6) information within 14 days of the change (Article 11(12)), and notify ceasing activity within 15 days (Article 11(13)).
  • The representative. Cooperate with the competent authorities and comprehensively demonstrate to them, on request, the actions you have taken and the provisions you have put in place to comply (Article 11(3)). Demonstrate is a heavier verb than forward.

What it does not say

  • It is not an authorization. Article 11(4) lets you start once the notification is in, so this is a notification regime rather than a licensing one, and no approval is waited for.
  • It does not move your liability. Article 11(3) says designating a representative is without prejudice to any legal action which could be initiated against the provider.
  • It does not make the representative passive. The demonstrate obligation in Article 11(3) requires the representative to be able to account for your compliance to an authority, which is more than a forwarding address can do.
  • The recognition label is optional and separate. Article 11(9) lets you use the recognised-in-the-Union label only after the authority confirms compliance with this Article and Article 12, and it is not a condition of operating.
  • Notifying is not publishing. Article 11(6)(d) requires your own public website, and Article 11(10) puts a subset of the same information in the Commission's public register. Both happen.

How it sits beside the other mandates

  • Article 11(3) and Article 19(3) are two separate DGA appointments, one for data intermediation and one for data altruism, and an organization doing both needs both. The wording is close enough that they are easy to conflate and the counterparty authorities differ.
  • Article 12 is the conditions your service has to meet. Article 11 is how you tell an authority you exist; Article 12 is what you have to be doing when you do.
  • Designating under Article 11(3) fixes your jurisdiction to the Member State where the representative sits, so the choice of country is a substantive decision rather than an administrative one.

Source text: EUR-Lex, Official Journal HTML (CELEX 32022R0868). The parser was validated against the anchor articles verified in REP-08.