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

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)

regulation · European Union · 32023R2854

599 provisions in 771 nodes · cited by 2 instruments we hold · 7 provisions hand work to national law

Defined terms · All instruments · European Central Bank · European standard · Internet · Unfair contract terms · access to information · activity report · branch · circular economy

Table

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)

Article 1 Subject matter and scope

Article 2 Definitions

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

Subparagraph

Article 8 Conditions under which data holders make data available to data recipients

Subparagraph

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

Subparagraph

Article 13 Unfair contractual terms unilaterally imposed on another enterprise

Article 14 Obligation to make data available on the basis of an exceptional need

Subparagraph

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

Subparagraph

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

Subparagraph

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

Article 23 Removing obstacles to effective switching

Article 24 Scope of the technical obligations

Subparagraph

Article 25 Contractual terms concerning switching

Article 26 Information obligation of providers of data processing services

Subparagraph

(a)

(b)

Article 27 Obligation of good faith

Subparagraph

Article 28 Contractual transparency obligations on international access and transfer

Article 29 Gradual withdrawal of switching charges

Subparagraph

Article 30 Technical aspects of switching

Subparagraph

Article 31 Specific regime for certain data processing services

Subparagraph

Article 32 International governmental access and transfer

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

Subparagraph

Article 35 Interoperability of data processing services

Article 36 Essential requirements regarding smart contracts for executing data sharing agreements

Article 37 Competent authorities and data coordinators

Article 38 Right to lodge a complaint

Subparagraph

Article 39 Right to an effective judicial remedy

Article 41 Model contractual terms and standard contractual clauses

Subparagraph

Article 42 Role of the EDIB

Article 43 Databases containing certain data

Subparagraph

Article 44 Other Union legal acts governing rights and obligations on data access and use

Article 45 Exercise of the delegation

Subparagraph

Article 46 Committee procedure

Subparagraph

Article 47 Amendment to Regulation (EU) 2017/2394

Subparagraph

‘29.

Article 48 Amendment to Directive (EU) 2020/1828

Subparagraph

‘68.

Article 49 Evaluation and review

Article 50 Entry into force and application