2023/2854

Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)

1. This Regulation lays down harmonised rules, inter alia, on:
   (a) the making available of product data and related service data to the user of the connected product or related service;
   (b) the making available of data by data holders to data recipients;
   (c) the making available of data by data holders to public sector bodies, the Commission, the European Central Bank and Union bodies, where there is an exceptional need for those data for the performance of a specific task carried out in the public interest;
   (d) facilitating switching between data processing services;
   (e) introducing safeguards against unlawful third-party access to non-personal data; and
   (f) the development of interoperability standards for data to be accessed, transferred and used.
2. This Regulation covers personal and non-personal data, including the following types of data, in the following contexts:
   (a) Chapter II applies to data, with the exception of content, concerning the performance, use and environment of connected products and related services;
   (b) Chapter III applies to any private sector data that is subject to statutory data sharing obligations;
   (c) Chapter IV applies to any private sector data accessed and used on the basis of contract between enterprises;
   (d) Chapter V applies to any private sector data with a focus on non-personal data;
   (e) Chapter VI applies to any data and services processed by providers of data processing services;
   (f) Chapter VII applies to any non-personal data held in the Union by providers of data processing services.
3. This Regulation applies to:
   (a) manufacturers of connected products placed on the market in the Union and providers of related services, irrespective of the place of establishment of those manufacturers and providers;
   (b) users in the Union of connected products or related services as referred to in point (a);
   (c) data holders, irrespective of their place of establishment, that make data available to data recipients in the Union;
   (d) data recipients in the Union to whom data are made available;
   (e) public sector bodies, the Commission, the European Central Bank and Union bodies that request data holders to make data available where there is an exceptional need for those data for the performance of a specific task carried out in the public interest and to the data holders that provide those data in response to such request;
   (f) providers of data processing services, irrespective of their place of establishment, providing such services to customers in the Union;
   (g) participants in data spaces and vendors of applications using smart contracts and persons whose trade, business or profession involves the deployment of smart contracts for others in the context of executing an agreement.
4. Where this Regulation refers to connected products or related services, such references are also understood to include virtual assistants insofar as they interact with a connected product or related service.
   (...)
5. This Regulation complements the self-regulatory approach of Regulation (EU) 2018/1807 by adding generally applicable obligations on cloud switching.
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