### (62) the objective of the obligation to provide the data is to ensure that public sector bodies and union institutions , agencies or bodies have the necessary knowledge to respond to , prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. the data obtained by those entities may be commercially sensitive. therefore , directive (eu) 2019/1024 of the european parliament and of the council65 should not apply to data made available under this regulation and should not be considered as open data available for reuse by third parties. this however should not affect the applicability of directive (eu) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this regulation was used , provided the reuse does not include the underlying data. in addition , it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics , provided the conditions laid down in this regulation are met. public sector bodies should also be allowed to exchange data obtained pursuant to this regulation with other public sector bodies to address the exceptional needs for which the data has been requested. ### (62) the objective of the obligation to provide the data is to ensure that public sector bodies and union institutions , agencies or bodies have the necessary knowledge to respond to , prevent or recover from public emergencies. the data obtained by those entities may be commercially sensitive. therefore , directive (eu) 2019/1024 of the european parliament and of the council65 should not apply to data made available under this regulation and should not be considered as open data available for reuse by third parties. this however should not affect the applicability of directive (eu) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this regulation was used , provided the reuse does not include the underlying data. in addition , it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics , provided the conditions laid down in this regulation are met. public sector bodies should also be allowed to exchange data obtained pursuant to this regulation with other public sector bodies to address the exceptional needs for which the data has been requested.


### (62) the objective of the obligation to provide the data is to ensure that public sector bodies and union institutions , agencies or bodies have the necessary knowledge to respond to , prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. the data obtained by those entities may be commercially sensitive. therefore , directive (eu) 2019/1024 of the european parliament and of the council65 should not apply to data made available under this regulation and should not be considered as open data available for reuse by third parties. this however should not affect the applicability of directive (eu) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this regulation was used , provided the reuse does not include the underlying data. in addition , it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics , provided the conditions laid down in this regulation are met. public sector bodies should also be allowed to exchange data obtained pursuant to this regulation with other public sector bodies to address the exceptional needs for which the data has been requested. ### (62) the objective of the obligation to provide the data is to ensure that public sector bodies and union institutions , agencies or bodies have the necessary knowledge to respond to , prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. the data obtained by those entities may be commercially sensitive. therefore , directive (eu) 2019/1024 of the european parliament and of the council65 should not apply to data made available under this regulation and should not be considered as open data available for reuse by third parties. this however should not affect the applicability of directive (eu) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this regulation was used , provided the reuse does not include the underlying data. in addition , it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics , provided the conditions laid down in this regulation are met. public sector bodies should also be allowed to exchange data obtained pursuant to this regulation with other public sector bodies to address the exceptional needs for which the data has been requested. the business whose data is to be shared , provided it acts in a good faith , should also have the possibility to raise objection concerning planned data transfer in order to protect its security , integrity or confidentiality.


### (69) the ability for customers of data processing services , including cloud and edge services , to switch from one data processing service to another , while maintaining a minimum functionality of service , is a key condition for a more competitive market with lower entry barriers for new service providers. ### (69) the ability for customers of cloud computing services , including cloud and edge services , to suitably switch from one cloud computing service to another , while avoiding downtime of services , is a key condition for a more competitive market with lower entry barriers for new service providers. facilitating a multi-cloud approach for customers of cloud computing services also contributes to increase their digital operational resilience , as recognised for financial service institutions in the digital operational resilience act (dora). customers should also benefit , where they chose so , from the right to terminate the contract after a maximum notice period of 30 calendar days.


### (76) open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of annex ii of regulation (eu) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment , which is a key requirement for open innovation in the european data economy. as market-driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud interoperability at the paas (platform-as-a-service) and saas (software-as-a-service) levels , the commission should be able , on the basis of this regulation and in accordance with regulation (eu) no 1025/2012 , to request european standardisation bodies to develop such standards , particularly for service types where such standards do not yet exist. in addition to this , the commission will encourage parties in the market to develop relevant open interoperability specifications. the commission , by way of delegated acts , can mandate the use of european standards for interoperability or open interoperability specifications for specific service types through a reference in a central union standards repository for the interoperability of data processing services. european standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this regulation , which have the same meaning as the requirements in paragraphs 3 and 4 of annex ii of regulation (eu) no 1025/2021 and the interoperability facets defined under the iso/iec 19941:2017. ### (76) open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of annex ii of regulation (eu) 1025/2021 in the field of interoperability and portability enable a multi-vendor cloud environment , which is a key requirement for open innovation in the european data economy. as market-driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud computing service interoperability at the paas (platform-as-a-service) and saas (software-as-a-service) levels , the commission should be able , on the basis of this regulation and in accordance with regulation (eu) no 1025/2012 , to request european standardisation bodies to develop such standards , for equivalent services where such standards do not yet exist. in addition to this , where technically feasible the commission will encourage parties in the market to develop relevant open interoperability specifications. following consultation with stakeholders and taking into account relevant international and european standards and self-regulating initiatives , the commission , by way of delegated acts , can mandate the use of european standards for interoperability or open interoperability specifications for specific equivalent services through a reference in a central union standards repository for the interoperability of cloud computing services. providers of cloud computing services should ensure compatibility with those standards for interoperability and interoperability specifications , taking into account the nature , security and integrity of the data they host. european standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this regulation , which have the same meaning as the requirements in paragraphs 3 and 4 of annex ii of regulation (eu) no 1025/2021 and the interoperability facets defined under the iso/iec 19941:2017.


### (79) standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. in order to facilitate the conformity with the requirements for interoperability , it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council. the commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common european data spaces , application programming interfaces , cloud switching as well as smart contracts. additionally , common specifications in the different sectors could remain to be adopted , in accordance with union or national sectoral law , based on the specific needs of those sectors. reusable data structures and models (in form of core vocabularies) , ontologies , metadata application profile , reference data in the form of core vocabulary , taxonomies , code lists , authority tables , thesauri should also be part of the technical specifications for semantic interoperability. furthermore , the commission should be enabled to mandate the development of harmonised standards for the interoperability of data processing services. ### (79) standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. in order to facilitate the conformity with the requirements for interoperability , it is necessary to provide for a presumption of conformity for interoperability of the european parliament and of the council. the solutions that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common european data spaces , application programming interfaces , cloud switching as well as smart contracts. additionally , common specifications in the different sectors could remain to be adopted , in accordance with union or national sectoral law , based on the specific needs of those sectors. reusable data structures and models (in form of core vocabularies) , ontologies , metadata application profile , reference data in the form of core vocabulary , taxonomies , code lists , authority tables , thesauri should also be part of the technical specifications for semantic interoperability. furthermore , the commission should be enabled to mandate the development of harmonised standards for the interoperability of cloud computing services.


### 1. this regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service , on the making data available by data holders to data recipients , and on the making data available by data holders to public sector bodies or union institutions , agencies or bodies , where there is an exceptional need , for the performance of a task carried out in the public interest: ### 1. this regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service , on the making data available by data holders to data recipients , and on the making data available by data holders to public sector bodies or union institutions , agencies or bodies , where there is an exceptional need , for the performance of a task carried out in the public interest in the context of a public emergency.


### 1. this regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service , on the making data available by data holders to data recipients , and on the making data available by data holders to public sector bodies or union institutions , agencies or bodies , where there is an exceptional need , for the performance of a task carried out in the public interest: ### 1. this regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service , on the making data available by data holders to data recipients , and on the making data available by data holders to public sector bodies , where there is an exceptional need , for the performance of a task carried out in the public interest during a public emergency.


### (1) ‘data’ means any digital representation of acts , facts or information and any compilation of such acts , facts or information , including in the form of sound , visual or audio-visual recording; ### (1) ‘data’ means any digital representation of acts , facts or information and any compilation of such acts , facts or information , including in the form of sound , visual or audio-visual recording intentionally generated by the user , or derived data from that generation , such as diagnostic and/or metadata , including when recorded during the stand-by mode or when switched off , and excluding the data resulting from any software process that calculates derivative data from the aforementioned data as such a software process and the data generated with it may be subject to intellectual property rights , volatile data and data that is only processed locally ;


### (3) ‘related service’ means a digital service , including software , which is incorporated in or inter-connected with a product in such a way that its absence would prevent the product from performing one of its functions; ### (3) ‘related service’ means a digital service , including software , but excluding electronic communication services (ecs) , which is at the time of the purchase , rental or leasing agreement , inter-connected with a product in such a way that its absence would prevent the product from performing one of its core functions.


### (4) ‘virtual assistants’ means software that can process demands , tasks or questions including based on audio , written input , gestures or motions , and based on those demands , tasks or questions provides access their own and third party services or control their own and third party devices; ### (4) ‘virtual assistants’ means software that can process demands , tasks or questions including based on audio , written input , gestures or motions , to the extent that those demands , tasks or questions control its own and third party products


### (4) ‘virtual assistants’ means software that can process demands , tasks or questions including based on audio , written input , gestures or motions , and based on those demands , tasks or questions provides access their own and third party services or control their own and third party devices; ### (4) ‘virtual assistants’ means software that can process demands , tasks or questions including based on audio , written input , gestures or motions , to the extent that those demands , tasks or questions control its own and third party products;


### an exhaustive specification of all data and application categories exportable during the switching process , including , at minimum , all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided , including , but not limited to , configuration parameters , security settings , access rights and access logs to the service; ### a detailed specification of all data and application categories exportable during the switching process , including , at minimum , all data imported by the customer at the inception of the service agreement and all data and metadata related to customer’s services and created by the customer and by the use of the service during the period the service was provided , including , but not limited to , where appropriate , configuration parameters , security settings , access rights and access logs to the service excluding data that is generated during the use of the service , that is temporary and used for diagnostic or debugging purposes;


### 1. upon request by a user , or by a party acting on behalf of a user , the data holder shall make available the data generated by the use of a product or related service to a third party , without undue delay , free of charge to the user , of the same quality as is available to the data holder and , where applicable , continuously and in real-time. ### 1. upon request by a user , or by a party acting on behalf of a user , the data holder shall make available the data generated by the use of a product or related service to a third party , within a reasonable timeframe and fair compensation , to the user , of the same quality as is available to the data holder.


### make the data available it receives to another third party , in raw , aggregated or derived form , unless this is necessary to provide the service requested by the user; ### make the data it receives available to another third party , in raw , aggregated or derived form , unless it is sole purpose of the agreement with user and facilitates the development of non-competing software or product or is necessary to provide the service requested by the user;


### 1. the obligations of this chapter shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises , as defined in article 2 of the annex to recommendation 2003/361/ec , provided those enterprises do not have partner enterprises or linked enterprises as defined in article 3 of the annex to recommendation 2003/361/ec which do not qualify as a micro or small enterprise. ### 1. the obligations of this chapter shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises , or medium enterprises when the threshold from small to medium enterprise has been crossed less than a year ago , as defined in article 2 of the annex to recommendation 2003/361/ec , provided those enterprises do not have partner enterprises or linked enterprises as defined in article 3 of the annex to recommendation 2003/361/ec which do not qualify as a micro or small enterprise.


### 1. the obligations of this chapter shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises , as defined in article 2 of the annex to recommendation 2003/361/ec , provided those enterprises do not have partner enterprises or linked enterprises as defined in article 3 of the annex to recommendation 2003/361/ec which do not qualify as a micro or small enterprise. ### 1. the obligations of this chapter shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small or medium-sized enterprises , as defined in article 2 of the annex to recommendation 2003/361/ec , provided those enterprises do not have partner enterprises or linked enterprises as defined in article 3 of the annex to recommendation 2003/361/ec which do not qualify as a micro or small or medium-sized enterprise.


### 2. a data holder shall agree with a data recipient the terms for making the data available. a contractual term concerning the access to and use of the data or the liability and remedies for the breach or the termination of data related obligations shall not be binding if it fulfils the conditions of article 13 or if it excludes the application of , derogates from or varies the effect of the user’s rights under chapter ii. ### 2. a data holder shall not be liable for the data it lawfully shares when the data is under control of a third party and shall agree with a data recipient the terms for making the data available. a contractual term concerning the access to and use of the data or the liability and remedies for the breach or the termination of data related obligations shall not be binding if it fulfils the conditions of article 13 or if it excludes the application of , derogates from or varies the effect of the user’s rights under chapter ii.


### 4. the data holder shall provide the data recipient with information setting out the basis for the calculation of the compensation in sufficient detail so that the data recipient can verify that the requirements of paragraph 1 and , where applicable , paragraph 2 are met. ### 4. the data holder shall actively provide the data recipient with information setting out the basis for the calculation of the compensation in sufficient detail so that the data recipient can verify that the requirements of paragraph 1 and , where applicable , paragraph 2 are met. when the data holder knows , or should have known , that its counterpart is an sme , he shall actively inform his counterpart of his obligation to provide the data on the basis of a cost-based model.


### (6) data generation is the result of the actions of at least two actors , the designer or manufacturer of a product and the user of that product. it gives rise to questions of fairness in the digital economy , because the data recorded by such products or related services are an important input for aftermarket , ancillary and other services. in order to realise the important economic benefits of data as a non-rival good for the economy and society , a general approach to assigning access and usage rights on data is preferable to awarding exclusive rights of access and use. ### deleted


### (13) this regulation is without prejudice to the competences of the member states regarding activities concerning public security , defence and national security in accordance with union law , and activities from customs on risk management and in general , verification of compliance with the customs code by economic operators. ### deleted


### (18) the user of a product should be understood as the legal or natural person , such as a business or consumer , which has purchased , rented or leased the product. depending on the legal title under which he uses it , such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data it generates. the user should therefore be entitled to derive benefit from data generated by that product and any related service. ### (18) the user of a product should be understood as the legal or natural person , such as a business or consumer , which has the legal right to posses the product and physically controls it. regardless of the legal title under which he uses it , such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data he or she generates with the product. the user should therefore be entitled to derive benefit from data generated by that product and any related service.


### (49) to avoid that two or more dispute settlement bodies are seized for the same dispute , particularly in a cross-border setting , a dispute settlement body should be able to reject a request to resolve a dispute that has already been brought before another dispute settlement body or before a court or a tribunal of a member state. ### (49) to avoid that two or more dispute settlement bodies are seized for the same dispute , particularly in a cross-border setting , a dispute settlement body should be able to reject a request to resolve a dispute that has already been brought before another dispute settlement body or before a court or a tribunal of a member state. without prejudice to agreements between parties , the competent dispute settlement body should be located in the member state where the judicial body would be competent according to the national laws.


### (56) in situations of exceptional need , it may be necessary for public sector bodies or union institutions , agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. to limit the burden on businesses , micro and small enterprises should be exempted from the obligation to provide public sector bodies and union institutions , agencies or bodies data in situations of exceptional need. ### (56) it may be necessary for public sector bodies or union institutions , agencies or bodies to use data held by an enterprise to respond to public emergencies. research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. to limit the burden on businesses , micro and small enterprises should be exempted from the obligation to provide public sector bodies and union institutions , agencies or bodies data in situations of exceptional need.


### (56) in situations of exceptional need , it may be necessary for public sector bodies or union institutions , agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. to limit the burden on businesses , micro and small enterprises should be exempted from the obligation to provide public sector bodies and union institutions , agencies or bodies data in situations of exceptional need. ### (56) in situations of exceptional need , it may be necessary for public sector bodies or union institutions , agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. to ensure coherent practices between member states and predictable environment for private entities , the member states and the commission should identify the bodies that can request access to data owned by the enterprises. to limit the burden on businesses , micro and small enterprises should be exempted from the obligation to provide public sector bodies and union institutions , agencies or bodies data in situations of exceptional need.


### (56) in situations of exceptional need , it may be necessary for public sector bodies or union institutions , agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. to limit the burden on businesses , micro and small enterprises should be exempted from the obligation to provide public sector bodies and union institutions , agencies or bodies data in situations of exceptional need. ### (56) in situations of exceptional need , it may be necessary for public sector bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. to limit the burden on businesses , micro and small enterprises should be exempted from the obligation to provide public sector bodies data in situations of exceptional need.


### (58) an exceptional need may also arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency , or to assist recovery from a public emergency , in circumstances that are reasonably proximate to the public emergency in question. where the exceptional need is not justified by the need to respond to , prevent or assist recovery from a public emergency , the public sector body or the union institution , agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specific task in the public interest that has been explicitly provided in law. such exceptional need may also occur in other situations , for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. at the same time , the public sector body or the union institution , agency or body should , outside the case of responding to , preventing or assisting recovery from a public emergency , demonstrate that no alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation. ### deleted


### (61) a proportionate , limited and predictable framework at union level is necessary for the making available of data by data holders , in cases of exceptional needs , to public sector bodies and to union institution , agencies or bodies both to ensure legal certainty and to minimise the administrative burdens placed on businesses. to this end , data requests by public sector bodies and by union institution , agencies and bodies to data holders should be transparent and proportionate in terms of their scope of content and their granularity. the purpose of the request and the intended use of the data requested should be specific and clearly explained , while allowing appropriate flexibility for the requesting entity to perform its tasks in the public interest. the request should also respect the legitimate interests of the businesses to whom the request is made. the burden on data holders should be minimised by obliging requesting entities to respect the once-only principle , which prevents the same data from being requested more than once by more than one public sector body or union institution , agency or body where those data are needed to respond to a public emergency. to ensure transparency , data requests made by public sector bodies and by union institutions , agencies or bodies should be made public without undue delay by the entity requesting the data and online public availability of all requests justified by a public emergency should be ensured. ### (61) a proportionate , limited and predictable framework at union level is necessary for the making available of data by data holders , in cases of exceptional needs , to public sector bodies and to union institution , agencies or bodies both to ensure legal certainty and to minimise the administrative burdens placed on businesses. to this end , data requests by public sector bodies and by union institution , agencies and bodies to data holders should be transparent and proportionate in terms of their scope of content and their granularity. the purpose of the request and the intended use of the data requested should be specific and clearly explained , while allowing appropriate flexibility for the requesting entity to perform its tasks in the public interest. the request should also respect the legitimate interests of the businesses to whom the request is made. the burden on data holders should be minimised by obliging requesting entities to respect the once-only principle , which prevents the same data from being requested more than once by more than one public sector body or union institution , agency or body where those data are needed to respond to a public emergency. where possible , taking into account national security and public order and to ensure transparency , data requests made by public sector bodies and by union institutions , agencies or bodies should be made public without undue delay by the entity requesting the data and online public availability of all requests justified by a public emergency should be ensured.


### (63) data holders should have the possibility to either ask for a modification of the request made by a public sector body or union institution , agency and body or its cancellation in a period of 5 or 15 working days depending on the nature of the exceptional need invoked in the request. in case of requests motivated by a public emergency , justified reason not to make the data available should exist if it can be shown that the request is similar or identical to a previously submitted request for the same purpose by another public sector body or by another union institution , agency or body. a data holder rejecting the request or seeking its modification should communicate the underlying justification for refusing the request to the public sector body or to the union institution , agency or body requesting the data. in case the sui generis database rights under directive 96/6/ec of the european parliament and of the council66 apply in relation to the requested datasets , data holders should exercise their rights in a way that does not prevent the public sector body and union institutions , agencies or bodies from obtaining the data , or from sharing it , in accordance with this regulation. ### (63) data holders should have the possibility to either ask for a modification of the request made by a public sector body or union institution , agency and body or its cancellation in a period of 5 working days. justified reason not to make the data available should exist if it can be shown that the request is similar or identical to a previously submitted request for the same purpose by another public sector body or by another union institution , agency or body. a data holder rejecting the request or seeking its modification should communicate the underlying justification for refusing the request to the public sector body or to the union institution , agency or body requesting the data. in case the sui generis database rights under directive 96/6/ec of the european parliament and of the council66 apply in relation to the requested datasets , data holders should exercise their rights in a way that does not prevent the public sector body and union institutions , agencies or bodies from obtaining the data , or from sharing it , in accordance with this regulation.


### (64) where it is strictly necessary to include personal data in the data made available to a public sector body or to a union institution , agency or body the applicable rules on personal data protection should be complied with and the making available of the data and their subsequent use should and be accompanied by safeguards for the rights and interests of individuals concerned by those data. the body requesting the data should demonstrate the strict necessity and the specific and limited purposes for processing. the data holder should take reasonable efforts to anonymise the data or , where such anonymisation proves impossible , the data holder should apply technological means such as pseudonymisation and aggregation , prior to making the data available. ### (64) where it is strictly necessary to include personal data in the data made available to a public sector body or to a union institution , agency or body , the applicable rules on personal data protection should be complied with and the making available of the data and their subsequent use should be accompanied by safeguards for the rights and interests of individuals concerned by those data. the body requesting the data should demonstrate the strict necessity for the inclusion of personal data and the specific and limited purposes for processing. the data holder should take reasonable efforts to anonymise the data or , where such anonymisation proves impossible , the data holder should apply technological means such as pseudonymisation and aggregation , prior to making the data available.


### (65) data made available to public sector bodies and to union institutions , agencies and bodies on the basis of exceptional need should only be used for the purpose for which they were requested , unless the data holder that made the data available has expressly agreed for the data to be used for other purposes. the data should be destroyed once it is no longer necessary for the purpose stated in the request , unless agreed otherwise , and the data holder should be informed thereof. ### (65) data made available to public sector bodies on the basis of exceptional need should only be used for the purpose for which they were requested , unless the data holder that made the data available has expressly agreed for the data to be used for other purposes. the data should be destroyed once it is no longer necessary for the purpose stated in the request , unless agreed otherwise , and the data holder should be informed thereof without undue delay.


### (67) when the safeguarding of a significant public good is at stake , such as is the case of responding to public emergencies , the public sector body or the union institution , agency or body 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. the business activities of the data holders are therefore not likely to be negatively affected as a consequence of the public sector bodies or union institutions , agencies or bodies having recourse to this regulation. however , as cases of an exceptional need other than responding to a public emergency might be more frequent , including cases of prevention of or recovery from a public emergency , 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 or to the union institution , agency or body. the compensation should not be understood as constituting payment for the data itself and as being compulsory. ### (67) when the safeguarding of a significant public good is at stake , such as is the case of responding to public emergencies , the public sector body should not be expected to compensate enterprises for the data obtained during the public emergency. public emergencies are events with a high impact on an administration it is therefore reasonable that during a public emergency , an administration might not be able to deal with questions regarding compensation for the data delivered. however , once the public emergency has ended , the public sector body should seek to compensate the enterprise for the technical and organisational costs incurred to comply with the request including , where necessary , the costs of anonymisation and of technical adaptation , plus a reasonable margin. as cases of an exceptional need other than responding to a public emergency might be more frequent , including cases of prevention of or recovery from a public emergency , data holders should in such cases be entitled to a reasonable compensation which should cover 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 compensation should not be understood as constituting payment for the data itself.


### public sector bodies and union institutions , agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request; ### public sector bodies and union institutions , agencies or bodies that request data holders to make data available where there is an exceptional need in the context of a public emergency for that data for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request;


### public sector bodies and union institutions , agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request; ### public sector bodies of a member state that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request;


### 3. union law on the protection of personal data , privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this regulation. this regulation shall not affect the applicability of union law on the protection of personal data , in particular regulation (eu) 2016/679 and directive 2002/58/ec , including the powers and competences of supervisory authorities. insofar as the rights laid down in chapter ii of this regulation are concerned , and where users are the data subjects of personal data subject to the rights and obligations under that chapter , the provisions of this regulation shall complement the right of data portability under article 20 of regulation (eu) 2016/679. ### 3. union law on the protection of personal data , privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this regulation. this regulation is without prejudice to regulations (eu) 2016/679 and (eu) 2018/1725 and directives 2002/58/ec and (eu) 2016/680 , including with regard to the powers and competences of supervisory authorities. insofar as data subjects are concerned , the rights laid down in chapter ii of this regulation are concerned , and where users are the data subjects of personal data subject to the rights and obligations under that chapter , the provisions of this regulation shall complement the right of data portability under article 20 of regulation (eu) 2016/679 and shall not adversely affect data protection rights of others.


### 4. this regulation shall not affect union and national legal acts providing for the sharing , access and use of data for the purpose of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including regulation (eu) 2021/784 of the european parliament and of the council72 and the [e-evidence proposals [com(2018) 225 and 226] once adopted , and international cooperation in that area. this regulation shall not affect the collection , sharing , access to and use of data under directive (eu) 2015/849 of the european parliament and of the council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and regulation (eu) 2015/847 of the european parliament and of the council on information accompanying the transfer of funds. this regulation shall not affect the competences of the member states regarding activities concerning public security , defence , national security , customs and tax administration and the health and safety of citizens in accordance with union law. ### 4. this regulation shall not affect union and national legal acts providing for the sharing , access and use of data for the purpose of the prevention , investigation , detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties , including regulation (eu) 2021/784 of the european parliament and of the council72 and the [e-evidence proposals [com(2018) 225 and 226] once adopted , and international cooperation in that area. this regulation shall not affect the collection , sharing , access to and use of data under directive (eu) 2015/849 of the european parliament and of the council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and regulation (eu) 2015/847 of the european parliament and of the council on information accompanying the transfer of funds. this regulation shall not affect the competences of the member states regarding activities concerning public security , defence , national security , customs and tax administration and the health and safety of citizens in accordance with union law.


### (2) ‘product’ means a tangible , movable item , including where incorporated in an immovable item , that obtains , generates or collects , data concerning its use or environment , and that is able to communicate data via a publicly available electronic communications service and whose primary function is not the storing and processing of data; ### (2) ‘product’ means a finished and complete tangible , movable item , including where incorporated in an immovable item , that obtains , generates or collects , data concerning its use or environment , and that is able to communicate data via a publicly available electronic communications service and whose primary function is not the storing and processing of data or the display , replay , recording , transmission or reproduction of content;


### (6) ‘data holder’ means a legal or natural person who has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , or in the case of non-personal data and through control of the technical design of the product and related services , the ability , to make available certain data; ### (6) ‘data holder’ means a legal or natural person who controls the data and has the right , ability and obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , or in the case of non-personal data and through control of the technical design of the product and related services , the ability , to make available certain data; when in possession of personal data as defined in article 4 , point (1) , of regulation (eu) 2016/679 , only a controller as defined in article 4 , point (7) , of regulation (eu) 2016/679 shall be considered as ‘data holder’;


### (9) ‘public sector body’ means national , regional or local authorities of the member states and bodies governed by public law of the member states , or associations formed by one or more such authorities or one or more such bodies; ### (9) ‘public sector body’ means national , regional or local bodies of the member states that are in charge of specific tasks in the public interest that would require this data.;


### (10) ‘public emergency’ means an exceptional situation negatively affecting the population of the union , a member state or part of it , with a risk of serious and lasting repercussions on living conditions or economic stability , or the substantial degradation of economic assets in the union or the relevant member state(s); ### (10) ‘public emergency’ means a demonstrably exceptional situation , identified as such through the relevant procedures in the affected member state(s) , such as a major national security or public health emergency or a major natural disaster , negatively affecting the population of the union , a member state or part of it , with a risk of serious and lasting repercussions on living conditions or economic stability , or the substantial degradation of economic assets in the union or the relevant member state(s);


### (10) ‘public emergency’ means an exceptional situation negatively affecting the population of the union , a member state or part of it , with a risk of serious and lasting repercussions on living conditions or economic stability , or the substantial degradation of economic assets in the union or the relevant member state(s); ### (10) ‘public emergency’ an exceptional situation declared by a member state according to its national law;


### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user can agree measures to preserve the confidentiality of the shared data , in particular in relation to third parties. ### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user can agree measures , including where relevant contractual agreements , to preserve the confidentiality of the shared data , in particular in relation to third parties.


### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user can agree measures to preserve the confidentiality of the shared data , in particular in relation to third parties. ### deleted


### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user can agree measures to preserve the confidentiality of the shared data , in particular in relation to third parties. ### 3. the right to request data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others , including the rights protected under directive 2016/943.


### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user can agree measures to preserve the confidentiality of the shared data , in particular in relation to third parties. ### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. unless the data holder and the user can mutually agree reasonably and in good faith on measures to preserve the confidentiality of the shared data , in particular in relation to third parties , the data holder shall not be obliged to disclose trade secrets.


### 8. trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. in such a case , the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. ### 8. the right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others , including the rights protected under directive 2016/943.


### 6. unless otherwise provided by union law , including article 6 of this regulation , or by national legislation implementing union law , an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets within the meaning of directive (eu) 2016/943. ### 6. unless otherwise provided by union law , including article 4(3) , article 5(8) , article 6 and article 19(2) of this regulation , or by national legislation implementing union law , an obligation to make data available to a data recipient shall not undermine the effective protection of trade secrets and be executed in such a way as to respect the provisions of directive (eu) 2016/943.


### 6. unless otherwise provided by union law , including article 6 of this regulation , or by national legislation implementing union law , an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets within the meaning of directive (eu) 2016/943. ### 6. unless otherwise provided by union law or national legislation implementing union law , an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets within the meaning of directive (eu) 2016/943.


### 1. upon request , a data holder shall make data available to a public sector body or to a union institution , agency or body demonstrating an exceptional need to use the data requested. ### 1. upon request , a data holder shall make data available to a public sector body or to a union institution , agency or body demonstrating an exceptional need in the context of a public emergency to use the data requested.


### 2. this chapter shall not apply to small and micro enterprises as defined in article 2 of the annex to recommendation 2003/361/ec. ### 2. this chapter shall not apply to small and micro enterprises , or medium enterprises that have crossed the threshold within the previous year , as defined in article 2 of the annex to recommendation 2003/361/ec.


### where the lack of available data prevents the public sector body or union institution , agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and ### deleted


### where the lack of available data prevents the public sector body or union institution , agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and ### where , during a public emergency , and as a last resort where all other feasible options have been exhausted , the lack of available data prevents the public sector body from fulfilling a specific task in the public interest that has been explicitly provided by law; and


### explain the purpose of the request , the intended use of the data requested , and the duration of that use; ### explain which element of the public emergency the processing of the data intends to prevent , address or resolve , the intended use of the data requested , and the duration of that use;


### specify the deadline by which the data are to be made available or within which the data holder may request the public sector body , union institution , agency or body to modify or withdraw the request. ### specify the deadline by which the data are to be made available .


### specify the deadline by which the data are to be made available or within which the data holder may request the public sector body , union institution , agency or body to modify or withdraw the request. ### specify the deadline by which the data are to be made available or within which the data holder may request the public sector body to modify or withdraw the request.


### concern , insofar as possible , non-personal data; ### concern , insofar as possible , non-personal data; where the request includes personal data it shall justify the need for that data;


### concern , insofar as possible , non-personal data; ### concern non-personal data;


### be made publicly available online without undue delay. ### where possible , taking into account national security and public order , be made publicly available online without undue delay.


### 1. a data holder receiving a request for access to data under this chapter shall make the data available to the requesting public sector body or a union institution , agency or body without undue delay. ### 1. a data holder receiving a request for access to data under this chapter shall make the data available to the requesting public sector body without undue delay.


### 2. without prejudice to specific needs regarding the availability of data defined in sectoral legislation , the data holder may decline or seek the modification of the request within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need , on either of the following grounds: ### 2. without prejudice to specific needs regarding the availability of data defined in sectoral legislation , the data holder may decline or seek the modification , including regarding the deadline , of the request within 5 working days following the receipt of a request:


### 2. disclosure of trade secrets or alleged trade secrets to a public sector body or to a union institution , agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. in such a case , the public sector body or the union institution , agency or body shall take appropriate measures to preserve the confidentiality of those trade secrets. ### deleted


### 1. data made available to respond to a public emergency pursuant to article 15 , point (a) , shall be provided free of charge. ### deleted


### 2. where the data holder claims compensation for making data available in compliance with a request made pursuant to article 15 , points (b) or (c) , such compensation shall not exceed the technical and organisational costs incurred to comply with the request including , where necessary , the costs of anonymisation and of technical adaptation , plus a reasonable margin. upon request of the public sector body or the union institution , agency or body requesting the data , the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin. ### 2. where the data holder claims compensation for making data available in compliance with a request made pursuant to article 15 , point (b) , such compensation shall not exceed the technical and organisational costs incurred to comply with the request including , where necessary , the costs of anonymisation and of technical adaptation , plus a reasonable margin. upon request of the public sector body or the union institution , agency or body requesting the data , the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.


### 2. where the data holder claims compensation for making data available in compliance with a request made pursuant to article 15 , points (b) or (c) , such compensation shall not exceed the technical and organisational costs incurred to comply with the request including , where necessary , the costs of anonymisation and of technical adaptation , plus a reasonable margin. upon request of the public sector body or the union institution , agency or body requesting the data , the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin. ### 2. where the data holder claims compensation for making data available in compliance with a request made pursuant to article 15 such compensation shall not exceed the technical and organisational costs incurred to comply with the request including , where necessary , the costs of anonymisation and of technical adaptation , plus a reasonable margin. upon request of the public sector body or the union institution , agency or body requesting the data , the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.


### 1. a public sector body or a union institution , agency or body shall be entitled to share data received under this chapter with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested , or to national statistical institutes and eurostat for the compilation of official statistics. ### 1. a public sector body shall be entitled to share data received under this chapter with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested , or to national statistical institutes and eurostat for the compilation of official statistics.


### 1. providers of data processing services shall take all reasonable technical , legal and organisational measures , including contractual arrangements , in order to prevent international transfer or governmental access to non-personal data held in the union where such transfer or access would create a conflict with union law or the national law of the relevant member state , without prejudice to paragraph 2 or 3. ### 1. providers of data processing services shall take all appropriate technical , legal and organisational measures , including contractual arrangements , in order to prevent international transfer or governmental access to non-personal data held in the union where such transfer or access would create a conflict with union law or the national law of the relevant member state , without prejudice to paragraph 2 or 3.


### the independent 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 tasks and powers of the supervisory authorities shall be exercised with regard to the processing of personal data; ### the independent supervisory authorities responsible for monitoring the application of regulation (eu) 2016/679 and regulation (eu) 2018/1725 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. article 62 of regulation (eu) 2018/1725 shall apply mutatis mutandis. the tasks and powers of the supervisory authorities shall be exercised with regard to the processing of personal data;


### ensuring the online public availability of requests for access to data made by public sector bodies in the case of public emergencies under chapter v; ### ensuring the online public availability of requests for access to data made by public sector bodies in the case of public emergencies under chapter v and according to its provisions;


### where a public sector body or a union institution , agency or body transmits or makes data available under this paragraph , it shall notify the data holder from whom the data was received. ### where a public sector body transmits or makes data available under this paragraph , it shall notify the data holder from whom the data was received and the purpose of transmission. the transmission of data shall be made publicly available online without undue delay.


### 3. in case of a request for data necessary to respond to a public emergency , the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to article 19(1) , point (c). ### 3. in case of a request for data necessary to respond to a public emergency , the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body and the data holder has not been notified of the destruction of the data pursuant to article 19(1) , point (c).


### 6. where the public sector body or the union institution , agency or body wishes to challenge a data holder’s refusal to provide the data requested , or to seek modification of the request , or where the data holder wishes to challenge the request , the matter shall be brought to the competent authority referred to in article 31. ### 6. where the public sector body or the union institution , agency or body wishes to challenge a data holder’s refusal to provide the data requested , or to seek modification of the request , or where the data holder wishes to challenge the request , the matter could be brought to the competent authority referred to in article 31 , without prejudice to the right to submit a dispute to a civil or administrative court , in accordance with applicable union or national law.


### obligations of public sector bodies and union institutions , agencies and bodies ### obligations of public sector bodies


### 1. a public sector body or a union institution , agency or body having received data pursuant to a request made under article 14 shall: ### 1. a public sector body having received data pursuant to a request made under article 14 shall:


### 1. public sector bodies and union institutions , agencies and bodies shall cooperate and assist one another , to implement this chapter in a consistent manner. ### 1. public sector bodies shall cooperate and assist one another , to implement this chapter in a consistent manner.


### it shall apply from [12 months after the date of entry into force of this regulation]. ### it shall apply from [36 months after the date of entry into force of this regulation].


### 7. this article does not apply to contractual terms defining the main subject matter of the contract or to contractual terms determining the price to be paid. ### 7. this article does not apply to contractual terms defining the main subject matter of the contract.


### v making data available to public sector bodies and union institutions , agencies or bodies based on exceptional need ### v making data available to public sector bodies based on exceptional need


### relationship with other obligations to make data available to public sector bodies and union institutions , agencies and bodies ### relationship with other obligations to make data available to public sector bodies


### 2. the rights from this chapter shall not be exercised by public sector bodies and union institutions , agencies and bodies in order to carry out activities for the prevention , investigation , detection or prosecution of criminal or administrative offences or the execution of criminal penalties , or for customs or taxation administration. this chapter does not affect the applicable union and national law on the prevention , investigation , detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties , or for customs or taxation administration. ### 2. the rights from this chapter shall not be exercised by public sector bodies in order to carry out activities for the prevention , investigation , detection or prosecution of criminal or administrative offences or the execution of criminal penalties , or for customs or taxation administration. this chapter does not affect the applicable union and national law on the prevention , investigation , detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties , or for customs or taxation administration.


### 1. where requesting data pursuant to article 14(1) , a public sector body or a union institution , agency or body shall: ### 1. where requesting data pursuant to article 14(1) , a public sector body:


### be proportionate to the exceptional need , in terms of the granularity and volume of the data requested and frequency of access of the data requested; ### be proportionate to the exceptional need and the purpose of the request , in terms of the granularity and volume of the data requested and frequency of access of the data requested;


### respect the legitimate aims of the data holder , taking into account the protection of trade secrets and the cost and effort required to make the data available; ### respect the legitimate interests of the data holder , taking into account the protection of trade secrets and the cost and effort required to make the data available;


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 114 and article 168 thereof ,


### (16) it is necessary to lay down rules applying to connected products that incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing its functions. such related services can be part of the sale , rent or lease agreement , or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller , renter , lessor or other persons in previous links of the chain of transactions , including the manufacturer. these related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the supply of service forms part of the sale , rent or lease contract , this regulation should apply. ### (16) it is necessary to lay down rules applying to connected products that , at the time of the sale , rental or leasing agreement incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing one of its main functions. such related services can be part of the sale , rent or lease agreement , or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller , renter , lessor or other persons in previous links of the chain of transactions , including the manufacturer. these related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. neither the power supply nor the supply of the connectivity are to be interpreted as related services under this regulation this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the supply of service forms part of the sale , rent or lease contract , this regulation should apply. it should be specified that electronic communications services are not under the scope of this regulation.


### (50) parties to dispute settlement proceedings should not be prevented from exercising their fundamental rights to an effective remedy and to a fair trial. therefore , the decision to submit a dispute to a dispute settlement body should not deprive those parties of their right to seek redress before a court or a tribunal of a member state. ### (50) parties to dispute settlement proceedings should not be prevented from exercising their fundamental rights to an effective remedy and to a fair trial. therefore , the decision to submit a dispute to a dispute settlement body should not deprive those parties of their right to seek redress before a court or a tribunal of a member state. however , a dispute should not be part of a dispute settlement procedure at the same time as a procedure before a court of a member state.


### (60) for the exercise of their tasks in the areas of prevention , investigation , detection or prosecution of criminal and administrative offences , the execution of criminal and administrative penalties , as well as the collection of data for taxation or customs purposes , public sector bodies and union institutions , agencies and bodies should rely on their powers under sectoral legislation. this regulation accordingly does not affect instruments for the sharing , access and use of data in those areas. ### (60) for the exercise of their tasks in the areas of prevention , investigation , detection or prosecution of criminal and administrative offences , the execution of criminal and administrative penalties , as well as the collection of data for taxation or customs purposes , public sector should rely on their powers under sectoral legislation. this regulation accordingly does not affect instruments for the sharing , access and use of data in those areas.


### (88) this regulation should not affect the application of the rules of competition , and in particular articles 101 and 102 of the treaty. the measures provided for in this regulation should not be used to restrict competition in a manner contrary to the treaty. ### (88) this regulation should not affect the application of the rules of competition , and in particular articles 101 and 102 of the treaty on the functioning of the european union. the measures provided for in this regulation should not be used to restrict competition in a manner contrary to the treaty on the functioning of the european union.


### (89) in order to allow the economic actors to adapt to the new rules laid out in this regulation , they should apply from a year after entry into force of the regulation. ### (89) in order to allow the economic actors to adapt to the new rules laid out in this regulation and make the necessary technical arangements , they should apply from three years after entry into force of the regulation.


### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union. ### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transformation. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life and availability of benefits and services , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union.


### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131(“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union. ### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should make the union a global digital leader and promote peace , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union.


### (3) as outlined in the commission’s communication updating the 2020 new industrial strategy32 , it is necessary for the european union to identify systems of critical technologies and strategic sectors , to address strategic weaknesses and high-risk dependencies which could lead to supply shortages or cybersecurity risks , and to foster digital transition. this underlines the importance for member states to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. this also responds to the analysis in the 2021 strategic foresight report33. in the framework of the recovery and resilience facility and the preparation of national recovery and resilience plans , the commission encouraged member states to coordinate their efforts in favour of multi-country projects in the digital area. this experience highlighted the need for the commission to support coordination efforts by member states , and for the union to dispose of implementation mechanisms that facilitate joint investments , in order for multi-country projects to materialise. in conjunction with other commission’s initiatives such as the observatory for critical technologies34 , a governance structure implementing the digital compass communication should be established and should help to identify the union’s current and possible future digital strategic dependencies and contribute to strengthening its digital sovereignty. ### (3) as outlined in the commission’s communication updating the 2020 new industrial strategy32 , it is necessary for the european union to identify systems of critical technologies and strategic sectors , to address strategic weaknesses and high-risk dependencies which could lead to supply shortages or cybersecurity risks , and to foster digital transition. this underlines the importance for member states to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. this also responds to the analysis in the 2021 strategic foresight report33. in the framework of the recovery and resilience facility and the preparation of national recovery and resilience plans , the commission encouraged member states to coordinate their efforts in favour of multi-country projects in the digital area. this experience highlighted the need for the commission to support coordination efforts by member states , and for the union to dispose of implementation mechanisms that facilitate joint investments , in order for multi-country projects to materialise. in conjunction with other commission’s initiatives such as the observatory for critical technologies34 , a governance structure implementing the digital compass communication should be established and should help to identify the union’s current and possible future digital strategic dependencies and contribute to strengthening european businesses' digital development , particularly small and medium-sized businesses , and at the same time equipping european workers with more advanced tools and digital knowledge.


### (3) as outlined in the commission’s communication updating the 2020 new industrial strategy32 , it is necessary for the european union to identify systems of critical technologies and strategic sectors , to address strategic weaknesses and high-risk dependencies which could lead to supply shortages or cybersecurity risks , and to foster digital transition. this underlines the importance for member states to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. this also responds to the analysis in the 2021 strategic foresight report33 . in the framework of the recovery and resilience facility and the preparation of national recovery and resilience plans , the commission encouraged member states to coordinate their efforts in favour of multi-country projects in the digital area. this experience highlighted the need for the commission to support coordination efforts by member states , and for the union to dispose of implementation mechanisms that facilitate joint investments , in order for multi-country projects to materialise. in conjunction with other commission’s initiatives such as the observatory for critical technologies34 , a governance structure implementing the digital compass communication should be established and should help to identify the union’s current and possible future digital strategic dependencies and contribute to strengthening its digital sovereignty. ### (3) as outlined in the commission’s communication updating the 2020 new industrial strategy32 , it is necessary for the european union to identify systems of critical technologies and strategic sectors , to address strategic weaknesses and high-risk dependencies which could lead to supply shortages or cybersecurity risks , and to foster digital transformation. this underlines the importance for member states to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. this also responds to the analysis in the 2021 strategic foresight report33 . in the framework of the recovery and resilience facility and the preparation of national recovery and resilience plans , the commission encouraged member states to coordinate their efforts in favour of multi-country projects in the digital area. this experience highlighted the need for the commission to support coordination efforts by member states , and for the union to dispose of implementation mechanisms that facilitate joint investments , in order for multi-country projects to materialise. in conjunction with other commission’s initiatives such as the observatory for critical technologies34 , a governance structure implementing the digital compass communication should be established and should help to identify the union’s current and possible future digital strategic dependencies and contribute to strengthening its digital sovereignty.


### (4) the commission’s communication on the european green deal35emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal. ### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with the challenges presented by the european green deal and protect the environment , with a view to making a success of those policies that benefit both the current and future generations of europeans. digitalisation also presents new opportunities to establish transport modes that are more energy efficient as well as for distance monitoring of air and water pollution , and for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society , including the major opportunities presented by smart farming and smart grids.


### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal. ### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to just transition , a sustainable circular and climate-neutral economy and society , as well as to combating energy poverty in line with the european green deal.


### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal. ### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for sustainable transport as well as for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal.


### (5) the measures envisaged in the digital compass communication should be implemented , to intensify actions defined in the strategy for shaping europe’s digital future , and building on existing union instruments (such as cohesion programmes , the technical support instrument , regulation (eu) 2021/694 of the european parliament and of the council36 , regulation (eu) 2021/695 of the european parliament and of the council37 and regulation (eu) 2021/523 of the european parliament and of the council38 ) and on the funds allocated for digital transition of regulation (eu) 2021/241 of the european parliament and of the council39 . by this decision , a policy programme “path to the digital decade” should therefore be established in order to achieve , accelerate and shape a successful digital transformation of the union’s economy and society. ### (5) the measures envisaged in the digital compass communication should be implemented , to intensify actions defined in the strategy for shaping europe’s digital future , and building on existing union instruments (such as cohesion programmes , the technical support instrument , regulation (eu) 2021/694 of the european parliament and of the council36 , regulation (eu) 2021/695 of the european parliament and of the council37 and regulation (eu) 2021/523 of the european parliament and of the council38 ) and on the funds allocated for digital transformation of regulation (eu) 2021/241 of the european parliament and of the council39 . by this decision , a policy programme “path to the digital decade” should therefore be established in order to achieve , accelerate and shape a successful digital transformation of the union’s economy and society.


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. the efficiency of digital trainings provided by the employers in the form of learning-by-doing should also be empowered. the non-formal learning in the workplace should deliver digital skills tailored to the market needs , therefore such learning should be equivalently recognised , promoted and measured. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers.


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed to address digital exclusion , equal access to education or teleworking. these challenges were particularly highlighted during the covid-19 pandemic. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers.