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 37. Competent authorities and data coordinators
- 1.Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of this Regulation (competent authorities). Member States may establish one or more new authorities or rely on existing authorities.
- 2.Where a Member State designates more than one competent authority, it shall designate a data coordinator from among them to facilitate cooperation between the competent authorities and to assist entities within the scope of this Regulation on all matters related to its application and enforcement. Competent authorities shall, in the exercise of the tasks and powers assigned to them under paragraph 5, cooperate with each other.
- 3.The supervisory authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall be responsible for monitoring the application of this Regulation insofar as the protection of personal data is concerned. Chapters VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The European Data Protection Supervisor shall be responsible for monitoring the application of this Regulation insofar as it concerns the Commission, the European Central Bank or Union bodies. Where relevant, Article 62 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities referred to in this paragraph shall be exercised with regard to the processing of personal data.
- 4.Without prejudice to paragraph 1 of this Article:
- (a)for specific sectoral data access and use issues related to the application of this Regulation, the competence of sectoral authorities shall be respected;
- 5.Member States shall ensure that the tasks and powers of the competent authorities are clearly defined and include:
- (a)promoting data literacy and awareness among users and entities falling within the scope of this Regulation of the rights and obligations under this Regulation;
- (b)handling complaints arising from alleged infringements of this Regulation, including in relation to trade secrets, and investigating, to the extent appropriate, the subject matter of complaints and regularly informing complainants, where relevant in accordance with national law, of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another competent authority is necessary;
- (c)conducting investigations into matters that concern the application of this Regulation, including on the basis of information received from another competent authority or other public authority;
- (d)imposing effective, proportionate and dissuasive financial penalties which may include periodic penalties and penalties with retroactive effect, or initiating legal proceedings for the imposition of fines;
- (e)monitoring technological and relevant commercial developments of relevance for the making available and use of data;
- (f)cooperating with competent authorities of other Member States and, where relevant, with the Commission or the EDIB, to ensure the consistent and efficient application of this Regulation, including the exchange of all relevant information by electronic means, without undue delay, including regarding paragraph 10 of this Article;
- (g)cooperating with the relevant competent authorities responsible for the implementation of other Union or national legal acts, including with authorities competent in the field of data and electronic communication services, with the supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679 or with sectoral authorities to ensure that this Regulation is enforced consistently with other Union and national law;
- (i)ensuring that switching charges are withdrawn in accordance with Article 29;
- (j)examining the requests for data made pursuant to Chapter V.
Where designated, the data coordinator shall facilitate the cooperation referred to in points (f), (g) and (h) of the first subparagraph and shall assist the competent authorities upon their request.
- 6.The data coordinator, where such competent authority has been designated, shall:
- (a)act as the single point of contact for all issues related to the application of this Regulation;
- (b)ensure the online public availability of requests to make data available made by public sector bodies in the case of exceptional need under Chapter V and promote voluntary data sharing agreements between public sector bodies and data holders;
- (c)inform the Commission, on an annual basis, of the refusals notified under Article 4(2) and (8) and Article 5(11).
- 7.Member States shall notify the Commission of the names of the competent authorities and of their tasks and powers and, where applicable, the name of the data coordinator. The Commission shall maintain a public register of those authorities.
- 8.When carrying out their tasks and exercising their powers in accordance with this Regulation, competent authorities shall remain impartial and free from any external influence, whether direct or indirect, and shall neither seek nor take instructions for individual cases from any other public authority or any private party.
- 9.Member States shall ensure that the competent authorities are provided with sufficient human and technical resources and relevant expertise to effectively carry out their tasks in accordance with this Regulation.
- 10.Entities falling within the scope of this Regulation shall be subject to the competence of the Member State where the entity is established. Where the entity is established in more than one Member State, it shall be considered to be under the competence of the Member State in which it has its main establishment, that is, where the entity has its head office or registered office from which the principal financial functions and operational control are exercised.
- 11.Any entity falling within the scope of this Regulation that makes connected products available or offers services in the Union, and which is not established in the Union, shall designate a legal representative in one of the Member States.
- 12.For the purpose of ensuring compliance with this Regulation, a legal representative shall be mandated by an entity falling within the scope of this Regulation that makes connected products available or offers services in the Union to be addressed in addition to or instead of it by competent authorities with regard to all issues related to that entity. That legal representative shall cooperate with and comprehensively demonstrate to the competent authorities, upon request, the actions taken and provisions put in place by the entity falling within the scope of this Regulation that makes connected products available or offers services in the Union to ensure compliance with this Regulation.
- 13.An entity falling within the scope of this Regulation that makes connected products available or offers services in the Union, shall be considered to be under the competence of the Member State in which its legal representative is located. The designation of a legal representative by such an entity shall be without prejudice to the liability of, and any legal action that could be initiated against, such an entity. Until such time as an entity designates a legal representative in accordance with this Article, it shall be under the competence of all Member States, where applicable, for the purposes of ensuring the application and enforcement of this Regulation. Any competent authority may exercise its competence, including by imposing effective, proportionate and dissuasive penalties, provided that the entity is not subject to enforcement proceedings under this Regulation regarding the same facts by another competent authority.
- 14.Competent authorities shall have the power to request from users, data holders, or data recipients, or their legal representatives, falling under the competence of their Member State all information necessary to verify compliance with this Regulation. Any request for information shall be proportionate to the performance of the underlying task and shall be reasoned.
- 15.Where a competent authority in one Member State requests assistance or enforcement measures from a competent authority in another Member State, it shall submit a reasoned request. A competent authority shall, upon receiving such a request, provide a response, detailing the actions that have been taken or which are intended to be taken, without undue delay.
- 16.Competent authorities shall respect the principles of confidentiality and of professional and commercial secrecy and shall protect personal data in accordance with Union or national law. Any information exchanged in the context of a request for assistance and provided pursuant to this Article shall be used only in respect of the matter for which it was requested.
Relevant Recitals for this Article
Data literacy refers to the skills, knowledge and understanding that allows users, consumers and businesses, in particular SMEs falling within the scope of this Regulation, to gain awareness of the potential value of the data they generate, produce and share and that they are motivated to offer and provide access to in accordance with relevant legal rules. Data literacy should go beyond learning about tools and technologies and aim to equip and empower citizens and businesses with the ability to benefit from an inclusive and fair data market. The spread of data literacy measures and the introduction of appropriate follow-up actions could contribute to improving working conditions and ultimately sustain the consolidation, and innovation path of, the data economy in the Union. Competent authorities should promote tools and adopt measures to advance data literacy among users and entities falling within the scope of this Regulation and an awareness of their rights and obligations thereunder.
In order to ensure the application and enforcement of this Regulation, Member States should designate one or more competent authorities. If a Member State designates more than one competent authority, it should also designate from among them a data coordinator. Competent authorities should cooperate with each other. Through the exercise of their powers of investigation in accordance with applicable national procedures, competent authorities should be able to search for and obtain information, in particular in relation to the activities of entities within their competence and, including in the context of joint investigations, with due regard to the fact that oversight and enforcement measures concerning an entity under the competence of another Member State should be adopted by the competent authority of that other Member State, where relevant, in accordance with the procedures relating to cross-border cooperation. Competent authorities should assist each other in a timely manner, in particular when a competent authority in a Member State holds relevant information for an investigation carried out by the competent authorities in other Member States, or is able to gather such information to which the competent authorities in the Member State where the entity is established do not have access. Competent authorities and data coordinators should be identified in a public register maintained by the Commission. The data coordinator could be an additional means for facilitating cooperation in cross-border situations, such as when a competent authority from a given Member State does not know which authority it should approach in the data coordinator’s Member State, for example where the case is related to more than one competent authority or sector. The data coordinator should act, inter alia, as a single point of contact for all issues related to the application of this Regulation. Where no data coordinator has been designated, the competent authority should assume the tasks assigned to the data coordinator under this Regulation. The authorities responsible for the supervision of compliance with data protection law and competent authorities designated under Union or national law should be responsible for the application of this Regulation in their areas of competence. In order to avoid conflicts of interest, the competent authorities responsible for the application and enforcement of this Regulation in the area of making data available following a request on the basis of an exceptional need should not benefit from the right to submit such a request.