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 33. Essential requirements regarding interoperability of data, of data sharing mechanisms and services, as well as of common European data spaces
- 1.Participants in data spaces that offer data or data services to other participants shall comply with the following essential requirements to facilitate the interoperability of data, of data sharing mechanisms and services, as well as of common European data spaces which are purpose- or sector-specific or cross-sectoral interoperable frameworks for common standards and practices to share or jointly process data for, inter alia, the development of new products and services, scientific research or civil society initiatives:
- (a)the dataset content, use restrictions, licences, data collection methodology, data quality and uncertainty shall be sufficiently described, where applicable, in a machine-readable format, to allow the recipient to find, access and use the data;
- (b)the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, shall be described in a publicly available and consistent manner;
- (c)the technical means to access the data, such as application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable automatic access and transmission of data between parties, including continuously, in bulk download or in real-time in a machine-readable format where that is technically feasible and does not hamper the good functioning of the connected product;
- (d)where applicable, the means to enable the interoperability of tools for automating the execution of data sharing agreements, such as smart contracts shall be provided.
The requirements can have a generic nature or concern specific sectors, while taking fully into account the interrelation with requirements arising from other Union or national law.
- 2.The Commission is empowered to adopt delegated acts, in accordance with Article 45 of this Regulation to supplement this Regulation by further specifying the essential requirements laid down in paragraph 1 of this Article, in relation to those requirements that, by their nature, cannot produce the intended effect unless they are further specified in binding Union legal acts and in order to properly reflect technological and market developments. The Commission shall when adopting delegated acts take into account the advice of the EDIB in accordance with Article 42, point (c)(iii).
- 3.The participants in data spaces that offer data or data services to other participants in data spaces which meet the harmonised standards or parts thereof, the references of which are published in the Official Journal of the European Union, shall be presumed to be in conformity with the essential requirements laid down in paragraph 1 to the extent that those requirements are covered by such harmonised standards or parts thereof.
- 4.The Commission shall, pursuant to Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements laid down in paragraph 1 of this Article.
- 5.The Commission may, by means of implementing acts, adopt common specifications covering any or all of the essential requirements laid down in paragraph 1 where the following conditions have been fulfilled:
- (a)the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised standard that satisfies the essential requirements laid down in paragraph 1 of this Article and:
(i)
the request has not been accepted;(ii)
the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or(iii)
the harmonised standards do not comply with the request; and
- (b)no reference to harmonised standards covering the relevant essential requirements laid down in paragraph 1 of this Article is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- 6.Before preparing a draft implementing act referred to in paragraph 5 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 5 of this Article have been fulfilled.
- 7.When preparing the draft implementing act referred to in paragraph 5, the Commission shall take into account the advice of the EDIB and views of other relevant bodies or expert groups and shall duly consult all relevant stakeholders.
- 8.The participants in data spaces that offer data or data services to other participants in data spaces that meet the common specifications established by implementing acts referred to in paragraph 5 or parts thereof shall be presumed to be in conformity with the essential requirements laid down in paragraph 1 to the extent that those requirements are covered by such common specifications or parts thereof.
- 9.Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. Where the reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in paragraph 5 of this Article, or parts thereof which cover the same essential requirements as those covered by that harmonised standard.
- 10.When a Member State considers that a common specification does not entirely satisfy the essential requirements laid down in paragraph 1, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.
- 11.The Commission may adopt guidelines taking into account the proposal of the EDIB in accordance with Article 30, point (h), of Regulation (EU) 2022/868 laying down interoperable frameworks for common standards and practices for the functioning of common European data spaces.
Relevant Recitals for this Article
Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability within and among common European data spaces which are purpose or sector specific or cross-sectoral interoperable frameworks for common standards and practices to share or jointly process data for, inter alia, the development of new products and services, scientific research or civil society initiatives. This Regulation lays down certain essential requirements for interoperability. Participants in data spaces that offer data or data services to other participants, which are entities facilitating or engaging in data sharing within common European data spaces, including data holders, should comply with those requirements insofar as elements under their control are concerned. Compliance with those rules can be ensured by adhering to the essential requirements laid down in this Regulation, or presumed by complying with harmonised standards or common specifications via a presumption of conformity. In order to facilitate conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity of interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012, which represents the framework by default to elaborate standards that provide for such presumptions. The Commission should assess barriers to interoperability and prioritise standardisation needs, on the basis of which it may request one or more European standardisation organisations, pursuant to Regulation (EU) No 1025/2012, to draft harmonised standards which satisfy the essential requirements laid down in this Regulation. Where such requests do not result in harmonised standards or such harmonised standards are insufficient to ensure conformity with the essential requirements of this Regulation, the Commission should be able to adopt common specifications in those areas provided that in so doing it duly respects the role and functions of standardisation organisations. Common specification should be adopted only as an exceptional fall-back solution to facilitate compliance with the essential requirements of this Regulation, or when the standardisation process is blocked, or when there are delays in the establishment of appropriate harmonised standards. Where a delay is due to the technical complexity of the standard in question, this should be considered by the Commission before contemplating the establishment of common specifications. Common specifications should be developed in an open and inclusive manner and take into account, where relevant, the advice of the European Data Innovation Board (EDIB) established by Regulation (EU) 2022/868. Additionally, common specifications in different sectors could be adopted, in accordance with Union or national law, on the basis of specific needs of those sectors. Furthermore, the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processing services.