DA Article 34. Interoperability for the purposes of in-parallel use of data processing services

In line with the minimum requirement allowing switching between providers of data processing services, this Regulation also aims to improve interoperability for in-parallel use of multiple data processing services with complementary functionalities. This relates to situations in which customers do not terminate a contract to switch to a different provider of data processing services, but where multiple services of different providers are used in parallel, in an interoperable manner, to benefit from the complementary functionalities of the different services in the set-up of the customer’s system. However, it is recognised that the egress of data from one provider of data processing services to another in order to facilitate the in-parallel use of services can be an ongoing activity, in contrast with the one-off egress required as part of the switching process. Providers of data processing services should therefore continue to be able to impose data egress charges, not exceeding the costs incurred, for the purposes of in-parallel use after three years from the date of entry into force of this Regulation. This is important, inter alia, for the successful deployment of multi-cloud strategies, which allow customers to implement future-proof ICT strategies and which decrease dependence on individual providers of data processing services. Facilitating a multi-cloud approach for customers of data processing services can also contribute to increasing their digital operational resilience, as recognised for financial service institutions in Regulation (EU) 2022/2554 of the European Parliament and of the Council .

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.