### the means of communication which enable the user to contact the data holder quickly and communicate with that data holder efficiently; ### deleted


### the user’s right to lodge a complaint alleging a violation of the provisions of this chapter with the competent authority referred to in article 31. ### deleted


### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. ### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by the use of a product or related service that are accessible to the data holder without undue delay easily , securely , in a structured , commonly used and machine-readable format free of charge and , where applicable , continuously and in real-time. data shall be provided in the form in which they have been generated by the product , with only the minimal adaptations necessary to make them useable by a third party , including related metadata necessary to interpret and use the data. this shall be done on the basis of a simple request through electronic means where technically feasible.


### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. ### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. in case when filing a request via electronic channels is not possible or limited by a disability , the data holder shall enable other forms of request that are appropriate for persons with communication problems.


### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. ### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. the data holder shall not be held liable towards the data recipient for direct or indirect damages arising from , relating to or in connection with the data that was made accessible to the data recipient.


### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. ### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by the use of a product or related service that are accessible to the data holder without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible.


### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. ### 1. where data cannot be directly accessed by the use , for example for cybersecurity reasons , from the product , the data holder shall make available to the user the data generated by its use of a product or related service that are reasonably accessible to the data holder without undue delay , free of charge , where applicable , continuously and in real-time , and , upon request , in the same quality as available to the data holder. this shall be done on the basis of a simple request through electronic means where technically feasible.


### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay , free of charge and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. ### 1. where data cannot be directly accessed by the user from the product , the data holder shall make available to the user the data generated by its use of a product or related service without undue delay and , where applicable , continuously and in real-time. this shall be done on the basis of a simple request through electronic means where technically feasible. when the user is a natural person , data shall be made available free of charge.


### 4. the user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product from which the data originate. ### 4. the user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product , or any part of it , from which the data originate and shall not use such data to derive insights about the economic situation , assets and production methods that could undermine the security of the product in a manner which is detrimental to the legitimate interests of the data holder.


### 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 that are readily available to the data holder , to a third party , without undue delay , easily , securely , in machine-readable format , free of charge to the user , of the same quality as is available to the data holder , in the form they were generated , include related metadata necessary to interpret and use that data , and , where applicable , continuously and in real-time , subject to compliance with applicable laws to the outsourcing of data driven services. data shall be provided in the form in which they have been generated by the product , with only the minimal adaptations necessary to make them useable by a third party , including related metadata necessary to interpret and use the data.


### 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 that are readily available to the data holder to a third party , without undue delay , easily , securely in machine-readable format , 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. subject to compliance with applicable laws to the outsourcing of data driven services. data shall be provided in the form in which they have been generated by the product , with only the minimal adaptations necessary to make them useable by a third party , including related metadata necessary to interpret and use the data.


### 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 , 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. where technically possible , the data holder shall make this data accessible to the third parties nominated by the user , or by a party acting on behalf of the user , in a non-discriminatory manner.


### 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 , 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. this shall be done by electronic request , if this is technically feasible.


### 4. the third party shall not deploy coercive means or abuse evident gaps in the technical infrastructure of the data holder designed to protect the data in order to obtain access to data. ### 4. the third party shall not deploy coercive means or abuse gaps in the technical infrastructure of the data holder designed to protect the data in order to obtain access to data.


### 1. a third party shall process the data made available to it pursuant to article 5 only for the purposes and under the conditions agreed with the user , and subject to the rights of the data subject insofar as personal data are concerned , and shall delete the data when they are no longer necessary for the agreed purpose. ### 1. a third party shall process the data made available to it pursuant to article 5 only for the purposes and under the conditions agreed with the user , and subject to the rights of the data subject insofar as personal data are concerned , notably when there is a legal basis under article 6(1) of regulation (eu) 2016/679 , and shall delete the data when they are no longer necessary for the agreed purpose , unless one of the provisions of art. 17(3)(d) of regulation (eu) 2016/679 apply.


### 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 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 or , for personal data , when there is a legal basis in article 6(1) of regulation (eu) 2016/679;


### 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 , 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 , 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 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. the data holder shall not be held liable towards the data recipient for direct or indirect damages arising from , relating to or in connection with the data that was made available to the data recipient.


### 3. a data holder shall not discriminate between comparable categories of data recipients , including partner enterprises or linked enterprises , as defined in article 3 of the annex to recommendation 2003/361/ec , of the data holder , when making data available. where a data recipient considers the conditions under which data has been made available to it to be discriminatory , it shall be for the data holder to demonstrate that there has been no discrimination. ### 3. a data holder shall not discriminate between comparable categories of data recipients , including partner enterprises or linked enterprises , as defined in article 3 of the annex to recommendation 2003/361/ec , of the data holder , when making data available. where a data recipient has a resonable doubt that the conditions under which data has been made available to it to be discriminatory , it shall be for the data holder and the data recipient to demonstrate that there has been no significant discrimination.


### 1. any compensation agreed between a data holder and a data recipient for making data available shall be reasonable. ### 1. any compensation agreed between a data holder and a data recipient for making data available shall both be resonable and must cover the cost of making data available.


### 1. any compensation agreed between a data holder and a data recipient for making data available shall be reasonable. ### 1. any compensation agreed between a data holder and a data recipient for making data available shall be reasonable and shall not exceed the costs directly related to making the data available.


### 2. where the data recipient is a micro , small or medium enterprise , as defined in article 2 of the annex to recommendation 2003/361/ec , any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. article 8(3) shall apply accordingly. ### 2. where the data recipient is a micro , small or medium enterprise , as defined in article 2 of the annex to recommendation 2003/361/ec , or is a research organisation , and the data holder is not an sme , any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. article 8(3) shall apply accordingly.


### 2. where the data recipient is a micro , small or medium enterprise , as defined in article 2 of the annex to recommendation 2003/361/ec , any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. article 8(3) shall apply accordingly. ### 2. any reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. these costs include the costs necessary for data reproduction , dissemination via electronic means and storage , but not of data collection or production. article 8(3) shall apply accordingly.


### 2. where the data recipient is a micro , small or medium enterprise , as defined in article 2 of the annex to recommendation 2003/361/ec , any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. article 8(3) shall apply accordingly. ### 2. where the data recipient is a micro , small or medium enterprise , as defined in article 2 of the annex to recommendation 2003/361/ec , and the data holder is not , any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. article 8(3) shall apply accordingly.


### 2. where the data recipient is a micro , small or medium enterprise , as defined in article 2 of the annex to recommendation 2003/361/ec , any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. article 8(3) shall apply accordingly. ### 2. where the data recipient is a micro , small or medium enterprise , as defined in article 2 of the annex to recommendation 2003/361/ec , any compensation agreed shall not exceed the real costs directly related to making the data available to the data recipient and which are attributable to the request. article 8(3) shall apply accordingly.


### 3. this article shall not preclude other union law or national legislation implementing union law from excluding compensation for making data available or providing for lower compensation. ### deleted


### 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 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 assess if the requirements of paragraph 1 and , where applicable , paragraph 2 are met.


### 1. the data holder may apply appropriate technical protection measures , including smart contracts , to prevent unauthorised access to the data and to ensure compliance with articles 5 , 6 , 9 and 10 , as well as with the agreed contractual terms for making data available. such technical protection measures shall not be used as a means to hinder the user’s right to effectively provide data to third parties pursuant to article 5 or any right of a third party under union law or national legislation implementing union law as referred to in article 8(1). ### 1. the data holder may apply appropriate technical protection measures , including smart contracts , to prevent unauthorised access to the data and to ensure compliance with articles 5 , 6 , 9 and 10 , as well as with the agreed contractual terms for making data available. such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to article 5 or any right of a third party under union law or national legislation implementing union law as referred to in article 8(1).


### 1. the data holder may apply appropriate technical protection measures , including smart contracts , to prevent unauthorised access to the data and to ensure compliance with articles 5 , 6 , 9 and 10 , as well as with the agreed contractual terms for making data available. such technical protection measures shall not be used as a means to hinder the user’s right to effectively provide data to third parties pursuant to article 5 or any right of a third party under union law or national legislation implementing union law as referred to in article 8(1). ### 1. the data holder may apply appropriate technical protection measures , including smart contracts , to prevent unauthorised access to the data and to ensure compliance with articles 5 , 6 , 9 and 10 , as well as with the agreed contractual terms for making data available. such technical protection measures shall not be used as a means to hinder the user’s right to effectively provide data to third parties pursuant to article 5 or any right of a third party under union law or national legislation implementing union law as referred to in article 8(1). the third party shall upon the request of the user or the data holder provide with information on how the data has been used when there is a reasonable doubt for unlawful use or onward sharing of the received data.


### 2. a data recipient that has , for the purposes of obtaining data , provided inaccurate or false information to the data holder , deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data , has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation , shall without undue delay , unless the data holder or the user instruct otherwise: ### 2. a data recipient that has , for the purposes of obtaining data , provided inaccurate or false information to the data holder , deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data , has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation , shall be liable for the damages to the party suffering from the misuse or disclosure of such data and may , without undue delay , unless the data holder or the user instruct otherwise:


### 2. a data recipient that has , for the purposes of obtaining data , provided inaccurate or false information to the data holder , deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data , has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation , shall without undue delay , unless the data holder or the user instruct otherwise: ### 2. where a data recipient that has , for the purposes of obtaining data , provided inaccurate , incomplete or false information to the data holder , deployed deceptive or coercive means or abused gaps in the technical infrastructure of the data holder designed to protect the data , has used the data made available for unauthorised purposes , including the development of a competing product within the meaning of article 6(2)(e) or has disclosed those data to another party without the data holder’s authorisation , the data recipient shall be liable for the damages to the party suffering from the misuse or disclosure of such data and shall comply without undue delay with the requests of the data holder to:


### 2. any contractual term in a data sharing agreement which , to the detriment of one party , or , where applicable , to the detriment of the user , excludes the application of this chapter , derogates from it , or varies its effect , shall not be binding on that party. ### 2. any contractual term in a data sharing agreement which , to the detriment of one party , or , where applicable , to the detriment of the user , excludes the application of this chapter , derogates from it , or varies its effect , shall not be binding on that party. these obligations do not prevent the parties from entering into a mutual contract about data sharing.


### 1. a contractual term , concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro , small or medium-sized enterprise as defined in article 2 of the annex to recommendation 2003/361/ec shall not be binding on the latter enterprise if it is unfair. ### 1. a contractual term , concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro , small or medium-sized enterprise as defined in article 2 of the annex to recommendation 2003/361/ec or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise , the data recipient or user , respectively , if it is unfair.


### (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. ### (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. however , it is also important that data sharing based on voluntary agreements continues to develop in order to facilitate the development of data-driven value growth of european companies.


### (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. ### (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. however , it is also important that data sharing based on voluntary contracts will continue to develop to facilitate development of data-driven value growth in european companies.


### (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 or public sector body , which has purchased , rented or leased the product on other than short-term basis. 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. an owner , renter or lessee should equally be considered as user , including when several entities can be considered as users. in the context of multiple users , each user may contribute in a different manner to the data generation and can have an interest in several forms of use.


### (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. exceptional needs are circumstances which are unforeseeable and limited in time. 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.


### (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. ### (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 it has exhausted all other means to obtain the data requested in a timely manner , including through the laying down of the necessary data provision obligations in new legislation.


### (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. ### (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.


### (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 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 at least apply technological means such as pseudonymisation and aggregation , prior to making the data available. if the pseudonymisation of the data is not feasible , not possible or if the request cannot be fulfilled with pseudonymised data , the personal data may not be made available to this public sector body or union institution , agency or body.


### (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. ### deleted


### (80) to promote the interoperability of smart contracts in data sharing applications , it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. in order to facilitate the conformity of such smart contracts with those essential requirements , it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council. ### (80) to promote the interoperability of smart contracts in data sharing applications , it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. specific training programmes on smart contracts for businesses , in particular smes , should be provided. in order to facilitate the conformity of such smart contracts with those essential requirements , it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council.


### (80) to promote the interoperability of smart contracts in data sharing applications , it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. in order to facilitate the conformity of such smart contracts with those essential requirements , it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council. ### (80) to promote the interoperability of smart contracts in data sharing applications , it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. specific training programmes on smart contracts for businesses , in particular smes , in order to facilitate the conformity of such smart contracts with those essential requirements , it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council.


### 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 non-personal data or pseudonymized personal 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 , including mixed sets where personal and non-personal data are inextricably linked , 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. all legal bases for the processing of personal data laid down in article 6 (1) of regulation (eu) 2016/679 can constitute a legal basis for this. insofar the processing of data is limited in article 6 of this regulation , regulation (eu) 2016/679 shall always take precedence concerning personal data. 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 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 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. in the event of a conflict between this regulation and union law on the protection of personal data or national law adopted in accordance with such union law , the relevant union or national law on the protection of personal data shall prevail.


### (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 tangible 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 nor is it primarily designed to display or play content , or to record and transmit 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:


### (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 has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , to make available certain data or can enable access to the data through control of the technical design or means of access in the case of non-personal data;;


### (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 has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , to make available certain data or can enable access to the data through control of the technical design or means of access , in the case of non-personal 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 an exceptional situation to which normal measures for the maintenance of public safety , health and order , are plainly inadequate. such as public health emergencies , emergencies resulting from natural disasters , as well as human-induced major disasters , such as major cybersecurity incidents , negatively and suddenly 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 and immediate degradation of economic assets in the union or the relevant member state(s) and which is determined and officially declared according to the respective procedures under union or national law;


### (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 public health emergencies , emergencies resulting from environmental degradation and major natural disasters , including those exacerbated by climate change , and major man-made disasters , such as major cybersecurity incidents , that negatively affect the population of the union , a member state or part of it.


### (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 an exceptional situation to which normal measures for the maintenance of public safety , health and order , are plainly inadequate. such as public health emergencies , emergencies resulting from natural disasters , as well as human-induced major disasters , such as major cybersecurity incidents , negatively and suddenly 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 and immediate degradation of economic assets in the union or the relevant member state(s) and which is determined and officially declared according to the respective procedures under union or national law;


### (12) ‘data processing service’ means a digital service other than an online content service as defined in article 2(5) of regulation (eu) 2017/1128 , provided to a customer , which enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised , distributed or highly distributed nature; ### (12) ‘data processing service’ means a digital service other than an online content service as defined in article 2(5) of regulation (eu) 2017/1128 , provided to a customer , which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised , distributed or highly distributed nature;


### (12) ‘data processing service’ means a digital service other than an online content service as defined in article 2(5) of regulation (eu) 2017/1128 , provided to a customer , which enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised , distributed or highly distributed nature; ### (12) 'cloud computing service’ means a service enabling ubiquitous , scalable , elastic and on-demand network access to a shared pool of configurable computing resources of a centralised , distributed or highly distributed nature provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider interaction;


### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. ### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use that are accessible to the data holder , are free of charge and , by default , easily , securely and , where relevant and appropriate , directly accessible to the user in a structured , commonly used and machine-readable format. data shall be provided in the form in which they havebeen generated by the product , with only the minimal adaptations necessary to make them useable by a third party , including related metadata necessary to interpret and use the data. the user shall be able to process the data outside the dataholders' control.


### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. ### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user , including the user with special needs.


### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. ### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. the user should have unhindered access to data , including relevant processed data , that is essential to the functioning , repairing , or servicing of the connected products and related services. the relevant sets of processed data to which the user is allowed access shall be specified in sector-specific regulation.


### whether the manufacturer supplying the product or the service provider providing the related service intends to use the data itself or allow a third party to use the data and , if so , the purposes for which those data will be used; ### 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. 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. 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 (eu)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 , in advance to the disclosure of the trade secrets by either the user or the data holder or both , to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user shall agree on measures such as technical and organisational measures like strict access protocols , through contractual instruments such as confidentiality agreements or licensing schemes , to preserve the confidentiality of the shared data , in particular in relation to third parties , including on liability over possible damages. the data holder shall identify the data which are protected as trade secrets. when the agreed measures to preserve the confidentiality of trade secrets are not ensured or respected ex-ante or the user fails to implement those measures prior to the data sharing , the trade secret holder should have the possibility to refuse the sharing of data which are protected as trade secrets. the user shall use data resulting from the use of a product or related service in the context of testing of other new products , substances or processes that are not yet placed on the market or data resulting from the use of a new product , substance or process that are not yet placed on the market only in accordance with the specific provisions of the agreement with the enterprise with whom the user agreed to use one of its products for testing of other new products , substances or processes and the identical specific measures agreed between the trade secret holder and the user in the contractual agreement shall apply.


### 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 to preserve the confidentiality of the shared data , in particular in relation to third parties. such measures shall be utilized in a limited manner and only when the shared data includes trade secrets as defined by the eu or national law. the data holder shall prove the existence of trade secrets when it invokes measures to preserve the confidentiality of the shared data.


### 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 shall agree technical or organizational measures , such as strict access protocols , to preserve the confidentiality of the shared data , in particular in relation to third parties including liability over possible damages. contractual instruments such as confidentiality agreements and licensing schemes could be used for this purpose.


### 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 in advance 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. 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 (eu) 2016/943.


### 5. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available by the data holder to the user where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and , where relevant , the conditions of article 9 of regulation (eu) 2016/679 are fulfilled. ### deleted


### receive data from a user that the user has obtained pursuant to a request under article 4(1). ### receive data from a user that the user has obtained pursuant to a request under article 4(1). this does not prevent third parties and users from using data processing services provided by a designated gatekeeper. in particular , third parties and users may use those data processing services to process data made available to them in accordance with this regulation.


### 3. the user or third party shall not be required to provide any information beyond what is necessary to verify the quality as user or as third party pursuant to paragraph 1. the data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. ### 3. the user or third party shall not be required to provide any information beyond what is necessary to verify the quality as user or as third party pursuant to paragraph 1. the data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. when giving access to trade secrets , the identity of the data recipient and the scope of data must be disclosed to the data holder for an evaluation of trade secret related risk.


### 5. the data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation , assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active , unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time. ### 5. the data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation , assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active , unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time. equally , the third party shall also not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation , assets and production methods of or use by the data holder that could undermine the commercial position of the data holder on the markets in which the data holder is active.


### 6. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and where relevant , the conditions of article 9 of regulation (eu) 2016/679 are fulfilled. ### deleted


### 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. 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. 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 (eu)2016/943.


### 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. 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 , including technical and organisational measures , specified in the contractual agreement agreed between the data holder and the third party are taken by the third party prior to the disclosure of the data which is protected as trade secrets , to preserve the confidentiality of the trade secret. the data holder shall identify the data which are protected as trade secrets. in such a case , the measures required by the data holder , such as technical and organisational measures like strict access protocols , for preserving the confidentiality shall be specified in the contractual agreement between the data holder and the third party. when the agreed measures to preserve the confidentiality of trade secrets are not ensured or respected ex-ante or the third party fails to implement those measures prior to the data sharing , the trade secret holder should have the possibility to refuse the sharing of data which are protected as trade secrets. the third party shall use data resulting from the use of a product or related service in the context of testing of other new products , substances or processes that are not yet placed on the market or data resulting from the use of a new product , substance or process that are not yet placed on the market only in accordance with the specific provisions of the agreement with the enterprise with whom the user agreed to use one of its products for testing of other new products , substances or processes and the identical specific measures agreed between the trade secret holder and the third party in the contractual agreement shall apply.


### 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. 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. the data holder shall therefore be entitled to implement technical or organizational measures , such as strict access protocols , to preserve the confidentiality of the shared data. the trade secret holder should have the possibility to refuse this sharing , when these guarantees are not ensured or respected ex-ante.


### 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. 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. 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 (eu) 2016/943.


### use the data it receives for the profiling of natural persons within the meaning of article 4(4) of regulation (eu) 2016/679 , unless it is necessary to provide the service requested by the user; ### use the data it receives for the profiling of natural persons within the meaning of article 4(4) of regulation (eu) 2016/679 , unless it fully complies with regulation (eu) 2016/679;


### use the data it receives for the profiling of natural persons within the meaning of article 4(4) of regulation (eu) 2016/679 , unless it is necessary to provide the service requested by the user; ### use the data it receives for the profiling of natural persons within the meaning of article 4(4) of regulation (eu) 2016/679 , unless it is necessary to provide the service requested by the user or the user agreed to it;


### 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. while the obligation to make data available as provided by union law , including articles 4(3) , 5(8) , article 6 and article 19(2) of this regulation , or by national legislation implementing union law , shall be effective , this regulationshall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning 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. while the obligation to make data available as provided by union law , including articles 4(3) , 5(8) , article 6 and article 19(2) of this regulation , or by national legislation implementing union law , shall be effective , this regulation shall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection 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 a duly justified and time limited request , a data holder , that is a legal person , 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 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 to use the data requested , subject to compliance with other legal requirements.


### 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 medium-sized , small and micro enterprises 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


### (2) obtaining the data in line with the procedure laid down in this chapter would substantively reduce the administrative burden for data holders or other enterprises. ### (2) obtaining the data in line with the procedure laid down in this chapter would substantively reduce the administrative burden for data holders or other enterprises; or


### 1. this chapter shall not affect obligations laid down in union or national law for the purposes of reporting , complying with information requests or demonstrating or verifying compliance with legal obligations. ### 1. this chapter shall not affect obligations laid down in union or national law for the purposes of reporting , complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.


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


### 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 of the request within 15 working days following the receipt of a request for the data necessary to respond to a public emergency and within 45 working days in other cases of exceptional need , on either of the following grounds:


### 5. where compliance with the request to make data available to a public sector body or a union institution , agency or body requires the disclosure of personal data , the data holder shall take reasonable efforts to pseudonymise the data , insofar as the request can be fulfilled with pseudonymised data. ### 5. where compliance with the request to make data available to a public sector body or a union institution , agency or body requires the disclosure of personal data , the data holder shall pseudonymise the data. if pseudonymisation is not possible or the request cannot be fulfilled with pseudonymised data , the disclosure of personal data on the basis of this regulation is unlawful.


### 5. where compliance with the request to make data available to a public sector body or a union institution , agency or body requires the disclosure of personal data , the data holder shall take reasonable efforts to pseudonymise the data , insofar as the request can be fulfilled with pseudonymised data. ### 5. where compliance with the request to make data available to a public sector body or a union institution , agency or body requires the disclosure of personal data , the data holder shall pseudonymise the data , insofar as the request can be fulfilled with pseudonymised data.


### not use the data in a manner incompatible with the purpose for which they were requested; ### not use the data for any other purpose than the one for which they were requested;


### not use the data in a manner incompatible with the purpose for which they were requested; ### not use the data in a manner incompatible with the purpose for which they were requested , nor use the date to develop products or related services that compete against the data holder;


### implement , insofar as the processing of personal data is necessary , technical and organisational measures that safeguard the rights and freedoms of data subjects; ### implement , insofar as the processing of personal data is necessary , technical and organisational measures that fully safeguard the rights and freedoms of data subjects and minimises the risks for data leaks;


### implement , insofar as the processing of personal data is necessary , technical and organisational measures that safeguard the rights and freedoms of data subjects; ### deleted


### implement , insofar as the processing of personal data is necessary , technical and organisational measures that safeguard the rights and freedoms of data subjects; ### implement in advance , insofar as the processing of personal data or sensitive data comprising trade secrets or related to intellectual property rights is necessary , technical and organisational measures that safeguard the rights and freedoms of data subjects and rights holders;


### destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. ### destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. official statistics authorities are exempted from the latter obligation.


### 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. ### 2. disclosure of data constitutive 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 provided that all specific necessary measures required by the trade secret holder are taken to preserve the confidentiality of trade secrets , in particular with respect to the third parties. the trade secret holder , the data holder and the public sector body , or the union institution , agency or body can contractually agree on measures to preserve the confidentiality of the shared data , in particular in relation to third parties. the trade secret holder should have the possibility to refuse this sharing , when these guarantees are not ensured or respected ex-ante.


### 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. ### 2. disclosure of trade secrets or alleged trade secrets or data containing intellectual property rights 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 or intellectual property rights.


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


### 1. data made available to respond to a public emergency pursuant to article 15 , point (a) , shall be provided free of charge. ### 1. data made available to respond to a public emergency pursuant to article 15 , point (a) , shall not exceed the actual costs related to making the data available to the public sector body


### 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 , points (b) , such compensation shall not exceed the technical and organisational costs incurred to comply with the request including , where necessary , the real 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 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 , subnational such as regional or municipal statistical institutes and eurostat for the compilation of official statistics.


### 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 or a union institution , agency or body shall be entitled to share aggregated 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.


### 4. where a public sector body or a union institution , agency or body transmits or makes data available under paragraph 1 , it shall notify the data holder from whom the data was received. ### 4. where a public sector body or a union institution , agency or body transmits or makes data available under paragraph 1 , it shall notify the data holder from whom the data was received. the notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1 , the purposes of data processing and the period for which the data will be stored.


### 1. providers of a data processing service shall take the measures provided for in articles 24 , 25 and 26 to ensure that customers of their service can switch to another data processing service , covering the same service type , which is provided by a different service provider. in particular , providers of data processing service shall remove commercial , technical , contractual and organisational obstacles , which inhibit customers from: ### 1. providers of a data processing service shall take the measures provided for in articles 24 , 25 and 26 to ensure , in terms of factors on their service side , that customers of their service can switch to another data processing service , covering the same service type , which is provided by a different service provider. in particular , providers of data processing service shall remove commercial , technical , contractual and organisational obstacles , which inhibit customers from:


### terminating , after a maximum notice period of 30 calendar days , the contractual agreement of the service; ### terminating , after a maximum notice period of 30 calendar days , the contractual agreement of the service , without prejudice to any financial commitments made by the customer regarding the service;


### terminating , after a maximum notice period of 30 calendar days , the contractual agreement of the service; ### terminating , after a notice period previously agreed in the contractual agreement between the customer and the provider of cloud computing services , the contractual agreement of the service


### 2. where the mandatory transition period as defined in paragraph 1 , points (a) and (c) of this article is technically unfeasible , the provider of data processing services shall notify the customer within 7 working days after the switching request has been made , duly motivating the technical unfeasibility with a detailed report and indicating an alternative transition period , which may not exceed 6 months. in accordance with paragraph 1 of this article , full service continuity shall be ensured throughout the alternative transition period against reduced charges , referred to in article 25(2). ### 2. where the provider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1 , points (a) and (c) of this article is technically unfeasible for the provider , the provider of data processing services shall notify the customer within 14 working days after the switching request has been made , duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period which may not exceed 6 months. in accordance with paragraph 1 of this article , full service continuity shall , where technically feasible , continue throughout the alternative transition period against reduced charges , referred to in article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.


### 1. from [date x+3yrs] onwards , providers of data processing services shall not impose any charges on the customer for the switching process. ### 1. from [date x+3yrs] onwards , providers of data processing services shall not impose any charges on the customer for the switching process , unless the process is prolonged due to factors outside of the control of the provider of data processing service. if the switching process prolongs due to factors outside of the control of the provider of data processing service , the provider of data processing service may charge the party responsible;


### 1. from [date x+3yrs] onwards , providers of data processing services shall not impose any charges on the customer for the switching process. ### 1. from [date x+3yrs] onwards , providers of data processing services shall not impose any additional charges on the customer for the switching process , unless the process prolongs due to factors outside of the control of the provider of data processing service. if the switching process prolongs due to factors outside of the control of the provider of data processing service , the provider of data processing service may charge the party responsible;


### 3. the charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. ### 3. the charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned , unless the process is prolonged due to factors outside of the control of the provider of data processing service. if the switching process prolongs due to factors outside of the control of the provider of data processing service , the provider of data processing service may charge the party responsible;


### 3. the charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. ### 3. the charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned unless the process prolongs due to factors outside of the control of the provider of data processing service. if the switching process prolongs due to factors outside of the control of the provider of data processing service , the provider of data processing service may charge the party responsible;


### 1. providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers , networks and the virtual resources necessary for operating the infrastructure , but that do not provide access to the operating services , software and applications that are stored , otherwise processed , or deployed on those infrastructural elements , shall ensure that the customer , after switching to a service covering the same service type offered by a different provider of data processing services , enjoys functional equivalence in the use of the new service. ### 1. providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers , networks and the virtual resources necessary for operating the infrastructure , but that do not provide access to the operating services , software and applications that are stored , otherwise processed , or deployed on those infrastructural elements , shall provide capabilities , adequate information , documentation , technical support and , where appropriate , tools , to perform porting and switching , allowing for functional equivalence in the use of the new service of the same service type offered by a different provider of data processing services.


### 1. providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers , networks and the virtual resources necessary for operating the infrastructure , but that do not provide access to the operating services , software and applications that are stored , otherwise processed , or deployed on those infrastructural elements , shall ensure that the customer , after switching to a service covering the same service type offered by a different provider of data processing services , enjoys functional equivalence in the use of the new service. ### 1. providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers , networks and the virtual resources necessary for operating the infrastructure , but that do not provide access to the operating services , software and applications that are stored , otherwise processed , or deployed on those infrastructural elements shall provide capabilities , adequate information , documentation , technical support and , where appropriate , tools , to perform porting and switching , allowing for functional equivalence in the use of the new service of the same service type offered by a different provider of data processing services.


### 4. where the open interoperability specifications or european standards referred to in paragraph 3 do not exist for the service type concerned , the provider of data processing services shall , at the request of the customer , export all data generated or co-generated , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format. ### 4. where the open interoperability specifications or european standards referred to in paragraph 3 do not exist for the servicetype concerned , the provider of data processing services shall , at the request of the customer and where technically feasible , export all data generated directly by the customer or which is uniquely related to that customers own usage of the service , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format for the relevant service type.


### 4. where the open interoperability specifications or european standards referred to in paragraph 3 do not exist for the service type concerned , the provider of data processing services shall , at the request of the customer , export all data generated or co-generated , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format. ### 4. where the open interoperability specifications or european standards referred to in paragraph 3 do not exist for the service type concerned , the provider of data processing services shall , at the request of the customer and where technically feasible , export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format for the relevant service type.


### 4. where the open interoperability specifications or european standards referred to in paragraph 3 do not exist for the service type concerned , the provider of data processing services shall , at the request of the customer , export all data generated or co-generated , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format. ### 4. where the open portability specifications or european standards referred to in paragraph 3 do not exist for the service type concerned , the provider of data processing services shall , at the request of the customer , export all data generated , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format.


### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this article ### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this article. to address the fragmentation of the internal market and the data economy in the internal market , as requested by the regulation (eu) 2022/868 , the european data innovation board should also assist the commission enhancing cross-border , cross- sector interoperability of data as well as data sharing services between different sectors and domains.


### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this article ### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this article. the standardisation shall take into account the needs of small and medium enterprises.


### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft european standards applicable to specific service types of data processing services. ### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft european standards applicable to specific service types of data processing services. the standardisation shall take into account the needs of small and medium-sized enterprises.


### 5. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential the requirements under paragraph 1 of this article. ### 5. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential the requirements under paragraph 1 of this article. the standardisation shall take into account the needs of small and medium enterprises.


### 6. where harmonised standards referred to in paragraph 4 of this article do not exist or where the commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article in a cross-border context , the commission may , by way of implementing acts , adopt common specifications in respect of the essential requirements set out in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2). ### deleted


### for specific sectoral data exchange issues related to the implementation of this regulation , the competence of sectoral authorities shall be respected; ### for specific sectoral data exchange issues related to the implementation of this regulation , the competence of sectoral authorities shall be respected; it refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.