Data Act

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Table of Contents

CHAPTER I GENERAL PROVISIONS
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  • Article 1 Subject matter and scope
  • Article 2 Definitions
CHAPTER II BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARING
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • Article 32 International governmental access and transfer
CHAPTER VIII INTEROPERABILITY
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  • 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
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  • 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
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  • Article 43 Databases containing certain data
CHAPTER XI FINAL PROVISIONS
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  • 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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