Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 Dec... (32023R2854)
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 (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)
- CHAPTER I
- GENERAL PROVISIONS
- Article 1
- Subject matter and scope
- Article 2
- Definitions
- 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
- CHAPTER IV
- UNFAIR CONTRACTUAL TERMS RELATED TO DATA ACCESS AND USE BETWEEN ENTERPRISES
- 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
- Article 37
- Competent authorities and data coordinators
- Article 38
- Right to lodge a complaint
- Article 39
- Right to an effective judicial remedy
- Article 40
- Penalties
- Article 41
- Model contractual terms and standard contractual clauses
- Article 42
- Role of the EDIB
- CHAPTER X
- SUI GENERIS
- RIGHT UNDER DIRECTIVE 96/9/EC
- Article 43
- Databases containing certain data
- CHAPTER XI
- FINAL PROVISIONS
- Article 44
- Other Union legal acts governing rights and obligations on data access and use
- Article 45
- Exercise of the delegation
- Article 46
- Committee procedure
- Article 47
- Amendment to Regulation (EU) 2017/2394
- Article 48
- Amendment to Directive (EU) 2020/1828
- Article 49
- Evaluation and review
- Article 50
- Entry into force and application
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