Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Data Act
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 2
CHAPTER II
BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARINGArticles 3 — 7
CHAPTER III
OBLIGATIONS FOR DATA HOLDERS OBLIGED TO MAKE DATA AVAILABLE PURSUANT TO UNION LAWArticles 8 — 12
CHAPTER IV
UNFAIR CONTRACTUAL TERMS RELATED TO DATA ACCESS AND USE BETWEEN ENTERPRISESArticles 13 — 13
CHAPTER V
MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES, THE COMMISSION, THE EUROPEAN CENTRAL BANK AND UNION BODIES ON THE BASIS OF AN EXCEPTIONAL NEEDArticles 14 — 22
CHAPTER VI
SWITCHING BETWEEN DATA PROCESSING SERVICESArticles 23 — 31
CHAPTER VII
UNLAWFUL INTERNATIONAL GOVERNMENTAL ACCESS AND TRANSFER OF NON-PERSONAL DATAArticles 32 — 32
CHAPTER VIII
INTEROPERABILITYArticles 33 — 36
CHAPTER IX
IMPLEMENTATION AND ENFORCEMENTArticles 37 — 42
CHAPTER X
SUI GENERIS RIGHT UNDER DIRECTIVE 96/9/ECArticles 43 — 43
CHAPTER XI
FINAL PROVISIONSArticles 44 — 50
DA Article 19. Obligations of public sector bodies, the Commission, the European Central Bank and Union bodies
- 1.A public sector body, the Commission, the European Central Bank or a Union body receiving data pursuant to a request made under Article 14 shall:
- (a)not use the data in a manner incompatible with the purpose for which they were requested;
- (b)have implemented technical and organisational measures that preserve the confidentiality and integrity of the requested data and the security of the data transfers, in particular personal data, and safeguard the rights and freedoms of data subjects;
- (c)erase the data as soon as they are no longer necessary for the stated purpose and inform the data holder and individuals or organisations that received the data pursuant to Article 21(1) without undue delay that the data have been erased, unless archiving of the data is required in accordance with Union or national law on public access to documents in the context of transparency obligations.
- 2.A public sector body, the Commission, the European Central Bank, a Union body or a third party receiving data under this Chapter shall not:
- (a)use the data or insights about the economic situation, assets and production or operation methods of the data holder to develop or enhance a connected product or related service that competes with the connected product or related service of the data holder;
- (b)share the data with another third party for any of the purposes referred to in point (a).
- 3.Disclosure of trade secrets to a public sector body, the Commission, the European Central Bank or a Union body shall be required only to the extent that it is strictly necessary to achieve the purpose of a request under Article 15. In such a case, the data holder or, where they are not the same person, the trade secret holder shall identify the data which are protected as trade secrets, including in the relevant metadata. The public sector body, the Commission, the European Central Bank or the Union body shall, prior to the disclosure of trade secrets, take all necessary and appropriate technical and organisational measures to preserve the confidentiality of the trade secrets, including, as appropriate, the use of model contractual terms, technical standards and the application of codes of conduct.
- 4.A public sector body, the Commission, the European Central Bank or a Union body shall be responsible for the security of the data it receives.
Relevant Recitals for this Article
When reusing data provided by data holders, public sector bodies, the Commission, the European Central Bank or Union bodies should respect both existing applicable Union or national law and contractual obligations to which the data holder is subject. They should refrain from developing or enhancing a connected product or related service that compete with the connected product or related service of the data holder as well as from sharing the data with a third party for those purposes. They should likewise provide public acknowledgement to the data holders upon their request and should be responsible for maintaining the security of the data received. Where the disclosure of trade secrets of the data holder to public sector bodies, the Commission, the European Central Bank or Union bodies is strictly necessary to fulfil the purpose for which the data has been requested, confidentiality of such disclosure should be guaranteed prior to the disclosure of data.
When the safeguarding of a significant public good is at stake, such as responding to public emergencies, the public sector body, the Commission, the European Central Bank or the Union body concerned should not be expected to compensate enterprises for the data obtained. Public emergencies are rare events and not all such emergencies require the use of data held by enterprises. At the same time, the obligation to provide data might constitute a considerable burden on microenterprises and small enterprises. They should therefore be allowed to claim compensation even in the context of a public emergency response. The business activities of the data holders are therefore not likely to be negatively affected as a consequence of the public sector bodies, the Commission, the European Central Bank or Union bodies having recourse to this Regulation. However, as cases of an exceptional need, other than cases of responding to public emergencies, might be more frequent, data holders should in such cases be entitled to a reasonable compensation which should not exceed the technical and organisational costs incurred in complying with the request and the reasonable margin required for making the data available to the public sector body, the Commission, the European Central Bank or the Union body. The compensation should not be understood as constituting payment for the data itself or as being compulsory. Data holders should not be able to claim compensation where national law prevents national statistical institutes or other national authorities responsible for the production of statistics from compensating data holders for making data available. The public sector body, the Commission, the European Central Bank or the Union body concerned should be able to challenge the level of compensation requested by the data holder by bringing the matter to the competent authority of the Member State where the data holder is established.