lexiara

art_6__para_2

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

2. The third party shall not: make the exercise of choices or rights under Article 5 and this Article by the user unduly difficult, including by offering choices to the user in a non-neutral manner, or by coercing, deceiving or manipulating the user, or by subverting or impairing the autonomy, decision-making or choices of the user, including by means of a user digital interface or a part thereof; notwithstanding Article 22(2), points (a) and (c), of Regulation (EU) 2016/679, use the data it receives for the profiling, unless it is necessary to provide the service requested by the user; make the data it receives available to another third party, unless the data is made available on the basis of a contract with the user, and provided that the other third party takes all necessary measures agreed between the data holder and the third party to preserve the confidentiality of trade secrets; make the data it receives available to an undertaking designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925; use the data it receives to develop a product that competes with the connected product from which the accessed data originate or share the data with another third party for that purpose; third parties shall also not use any non-personal product data or related service data made available to them to derive insights about the economic situation, assets and production methods of, or use by, the data holder; use the data it receives in a manner that has an adverse impact on the security of the connected product or related service; disregard the specific measures agreed with a data holder or with the trade secrets holder pursuant to Article 5(9) and undermine the confidentiality of trade secrets; prevent the user that is a consumer, including on the basis of a contract, from making the data it receives available to other parties.

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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.