art_5__para_3 Data Act — Regulation (EU) 2023/2854 of the European Parliament and of…

art_5__para_3

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) (Text with EEA relevance) · European Union

3. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925, shall not be an eligible third party under this Article and therefore shall not: solicit or commercially incentivise a user in any manner, including by providing monetary or any other compensation, to make data available to one of its services that the user has obtained pursuant to a request under Article 4(1); solicit or commercially incentivise a user to request the data holder to make data available to one of its services pursuant to paragraph 1 of this Article; receive data from a user that the user has obtained pursuant to a request under Article 4(1).

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Source: EUR-Lex (Cellar) · retrieved 2026-10-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.