### receive data from a user that the user has obtained pursuant to a request under article 4(1). ### make the commercial terms , including pricing , of any products or services offered to the user conditional or otherwise commercially dependent upon whether , or to which degree , the user agrees to make available data , transmitted from the connected object or generated during the provision of related services , to the undertaking providing platform services or any of its affiliates;


### 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 the data recipient shall not be required to provide any information beyond what is necessary to verify the quality as user or as data recipient pursuant to paragraph 1. data holders shall not keep any information on the data recipient’s access to the data requested beyond what is necessary for the sound execution of the data recipient’s access request and for the security and the maintenance of the data infrastructure.


### 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. data holders shall not use any non-personal data transmitted to it from the connected product or generated during the provision of a related service to derive insights about the economic situation , assets and production methods of or use by the data recipient that could undermine the commercial position of the data recipient on the markets in which it is active , unless the data recipient has consented to such use and has the technical possibility to withdraw that consent at any time.


### 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. ### 6. where the user is not a data subject , any personal data generated by the use of a connected 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.


### 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 data recipients to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the data recipient and all specific necessary measures agreed between the concerned data holder and the data recipient 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 user and the data holder and the data recipient.


### use the data it receives to develop a product that competes with the product from which the accessed data originate or share the data with another third party for that purpose; ### deleted


### 4. a data holder shall not make data available to a data recipient on an exclusive basis unless requested by the user under chapter ii. ### deleted


### 6. unless otherwise provided by union law , including article 6 of this regulation , or by national legislation implementing union law , an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets within the meaning of directive (eu) 2016/943. ### 6. unless otherwise provided by union law , including articles 4(3) , 5(8) and article 6 of this regulation , or by national legislation implementing union law , a data holder’s 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.


### destroy the data made available by the data holder and any copies thereof; ### destroy the data made available and any copies thereof;


### 3. paragraph 2 , point (b) , shall not apply in either of the following cases: ### 3. paragraph 2 , point (b) , shall not apply if it would be disproportionate in light of the interests of the user


### 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 specific request , a data holder shall make non-personal data , which it is currently collecting or has previously obtained , collected or otherwise generated and which it retains at the time of the request , available to a public sector body or to a union institution , agency or body demonstrating an exceptional need to use the data requested.


### an exceptional need to use data within the meaning of this chapter shall be deemed to exist in any of the following circumstances: ### an exceptional need to use non-personal data within the meaning of this chapter shall be deemed to exist in either of the following circumstances


### where the data requested is necessary to respond to a public emergency; ### where the data requested is limited in time and scope and necessary to respond to an imminent public emergency;


### where the data request is limited in time and scope and necessary to prevent a public emergency or to assist the recovery from a public emergency; ### deleted


### where the lack of available data prevents the public sector body or union institution , agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and ### where the public sector body or union institution , agency or body is acting on the basis of eu or member state law and has identified specific data , which is unavailable to it and which is demonstrably necessary to fulfil a specific task in the public interest that has been explicitly provided by law , and where , in the absence of eu , member state obligations to make data available without compensation , the public sector body or union institution , agency or body has been unable to obtain such data by alternative means , including by purchasing the data on the market at market rates.


### (1) the public sector body or union institution , agency or body has been unable to obtain such data by alternative means , including by purchasing the data on the market at market rates or by relying on existing obligations to make data available , and the adoption of new legislative measures cannot ensure the timely availability of the data; or ### 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. ### deleted


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


### be made publicly available online without undue delay. ### be made publicly available online within ten working days.


### paragraph 3 does not preclude a public sector body or a union institution , agency or body to exchange data obtained pursuant to this chapter with another public sector body , union institution , agency or body , in view of completing the tasks in article 15 or to make the data available to a third party in cases where it has outsourced , by means of a publicly available agreement , technical inspections or other functions to this third party. the obligations on public sector bodies , union institutions , agencies or bodies pursuant to article 19 apply. ### paragraph 3 does not preclude a public sector body or a union institution , agency or body to agree to exchange data obtained pursuant to this chapter with another public sector body , union institution , agency or body , for the purpose of completing the tasks in article 15 or to make the data available to a third party strictly for those purposes , in cases where it has outsourced , by means of a publicly available agreement , technical inspections or other functions to this third party. where relevant , it shall bind the third party contractually not to use the data for any other purposes and not to share it with other third parties. the obligations on public sector bodies , union institutions , agencies or bodies pursuant to article 19 apply , including , where relevant , to those third parties.


### 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 10 working days following the receipt of a request for the data necessary to respond to a public emergency and within 20 working days in other cases of exceptional need , defined under point (b) of article 15 , 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. ### deleted


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


### 1. data made available to respond to a public emergency pursuant to article 15 , point (a) , shall be provided free of charge. ### 1. unless specified otherwise in eu or member state law , data made available to respond to a public emergency pursuant to article 15 , point (a) , shall be provided free of charge.


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


### article 21 ### deleted


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


### 5. the commission shall , by way of implementing acts , adopt common specifications , where harmonised standards referred to in paragraph 4 of this article do not exist or in case it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article , where necessary , with respect to any or all of the requirements laid down in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2). ### 5. the commission may , by way of implementing acts , adopt common specifications , where harmonised standards referred to in paragraph 4 of this article do not exist or in case it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article , where necessary. prior to adopting those implementing acts the commission shall seek advice from and take into account relevant positions adopted by the european data innovation board , as referred to in article 30(f) of regulation… [dga] and be adopted in accordance with the examination procedure referred to in article 39(2).


### 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


### 1. each member state shall designate one or more competent authorities as responsible for the application and enforcement of this regulation. member states may establish one or more new authorities or rely on existing authorities. ### 1. each member state shall designate one or more competent authorities as responsible for the application and enforcement of this regulation. member states may establish one or more new authorities or rely on existing authorities , including those designated for data intermediation services in article 13 of regulation …[dga].


### 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 access issues related to the implementation of this regulation , in particular with regard to data access requirements under article 3 of this regulation , the competence of sectoral authorities shall be respected , unless a conflict of competences inhibits the ability of the competent authorities under this regulation to enforce the rights and obligations of this regulation;


### the national competent authority responsible for the application and enforcement of chapter vi of this regulation shall have experience in the field of data and electronic communications services. ### the national competent authority responsible for the application and enforcement of this regulation shall have experience in the field of data , including non-personal data , and electronic communications services.


### the commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. ### the commission shall develop and recommend non-binding model contractual terms on data access and use and standard contractual clauses for cloud computing contracts to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. such model contractual terms shall address at least the following elements:


### (11) union law setting physical design and data requirements for products to be placed on the union market should not be affected by this regulation. ### deleted


### (19) in practice , not all data generated by products or related services are easily accessible to their users , and there are often limited possibilities for the portability of data generated by products connected to the internet of things. users are unable to obtain data necessary to make use of providers of repair and other services , and businesses are unable to launch innovative , more efficient and convenient services. in many sectors , manufacturers are often able to determine , through their control of the technical design of the product or related services , what data are generated and how they can be accessed , even though they have no legal right to the data. it is therefore necessary to ensure that products are designed and manufactured and related services are provided in such a manner that data generated by their use are always easily accessible to the user. ### (19) in practice , not all data generated by products or related services are easily accessible to their users , and there are often limited possibilities for the portability of data generated by products connected to the internet. users are unable to obtain data necessary to make use of providers of repair and other services , and businesses are unable to launch innovative , more efficient and convenient services. in many sectors , manufacturers are often able to determine , through their control of the technical design of the product or related services , what data are generated and how they can be accessed , even though they have no legal right to the data. it is therefore necessary to ensure that products are designed and manufactured and related services are provided in such a manner that data generated by their use are always easily accessible to the user.


### (19) in practice , not all data generated by products or related services are easily accessible to their users , and there are often limited possibilities for the portability of data generated by products connected to the internet of things. users are unable to obtain data necessary to make use of providers of repair and other services , and businesses are unable to launch innovative , more efficient and convenient services. in many sectors , manufacturers are often able to determine , through their control of the technical design of the product or related services , what data are generated and how they can be accessed , even though they have no legal right to the data. it is therefore necessary to ensure that products are designed and manufactured and related services are provided in such a manner that data generated by their use are always easily accessible to the user. ### (19) in practice , not all data transmitted by connected products or generated during the provision of related services are easily accessible to their users , and there are often limited possibilities for the portability of data generated by products connected to the internet of things. users are unable to obtain data necessary to make use of providers of repair and other services , and businesses are unable to launch innovative , more efficient and convenient services. in many sectors , manufacturers , who are often simultaneously data holders , are currently often able to determine , through their control of the technical design of the connected product or the terms of the related services , what data are generated and how they can be accessed , even though they have no legal right to the data. it is therefore necessary to ensure that connected products are designed and manufactured and related services are provided in such a manner that data that is transmissible by them to others are always easily accessible to the user.


### (27) the data holder may require appropriate user identification to verify the user’s entitlement to access the data. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor. ### (27) the data holder may require appropriate user identification or authentication to verify the user’s entitlement to access the data. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor.


### (27) the data holder may require appropriate user identification to verify the user’s entitlement to access the data. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor. ### (27) data holders may require appropriate user or device identification to verify the user’s entitlement to access the data. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor.


### (59) this regulation should not apply to , nor pre-empt , voluntary arrangements for the exchange of data between private and public entities. obligations placed on data holders to provide data that are motivated by needs of a non-exceptional nature , notably where the range of data and of data holders is known and where data use can take place on a regular basis , as in the case of reporting obligations and internal market obligations , should not be affected by this regulation. requirements to access data to verify compliance with applicable rules , including in cases where public sector bodies assign the task of the verification of compliance to entities other than public sector bodies , should also not be affected by this regulation. ### (59) this regulation should not apply to , nor pre-empt , voluntary arrangements for the exchange of non-personal data between private and public entities. obligations placed on data holders to provide data that are motivated by needs of a non-exceptional nature , notably where the range of data and of data holders is known and where data use can take place on a regular basis , as in the case of reporting obligations and internal market obligations , should not be affected by this regulation. requirements to access data to verify compliance with applicable rules , including in cases where public sector bodies assign the task of the verification of compliance to entities other than public sector bodies , should also not be affected by this regulation.


### (59) this regulation should not apply to , nor pre-empt , voluntary arrangements for the exchange of data between private and public entities. obligations placed on data holders to provide data that are motivated by needs of a non-exceptional nature , notably where the range of data and of data holders is known and where data use can take place on a regular basis , as in the case of reporting obligations and internal market obligations , should not be affected by this regulation. requirements to access data to verify compliance with applicable rules , including in cases where public sector bodies assign the task of the verification of compliance to entities other than public sector bodies , should also not be affected by this regulation. ### (59) this regulation should not apply to , nor pre-empt , existing mandatory or any existing or future voluntary arrangements for the exchange of data between private and public entities. requirements to access data to verify compliance with applicable rules , including in cases where public sector bodies assign the task of the verification of compliance to entities other than public sector bodies , should also not be affected by this regulation.


### (66) when reusing data provided by data holders , public sector bodies and union institutions , agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. where the disclosure of trade secrets of the data holder to public sector bodies or to union institutions , agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested , confidentiality of such disclosure should be ensured to the data holder. ### deleted


### (68) the public sector body or union institution , agency or body may share the data it has obtained pursuant to the request with other entities or persons when this is needed to carry out scientific research activities or analytical activities it cannot perform itself. such data may also be shared under the same circumstances with the national statistical institutes and eurostat for the compilation of official statistics. such research activities should however be compatible with the purpose for which the data was requested and the data holder should be informed about the further sharing of the data it had provided. individuals conducting research or research organisations with whom these data may be shared should act either on a not-for-profit basis or in the context of a public-interest mission recognised by the state. organisations upon which commercial undertakings have a decisive influence allowing such undertakings to exercise control because of structural situations , which could result in preferential access to the results of the research , should not be considered research organisations for the purposes of this regulation. ### deleted


### (68) the public sector body or union institution , agency or body may share the data it has obtained pursuant to the request with other entities or persons when this is needed to carry out scientific research activities or analytical activities it cannot perform itself. such data may also be shared under the same circumstances with the national statistical institutes and eurostat for the compilation of official statistics. such research activities should however be compatible with the purpose for which the data was requested and the data holder should be informed about the further sharing of the data it had provided. individuals conducting research or research organisations with whom these data may be shared should act either on a not-for-profit basis or in the context of a public-interest mission recognised by the state. organisations upon which commercial undertakings have a decisive influence allowing such undertakings to exercise control because of structural situations , which could result in preferential access to the results of the research , should not be considered research organisations for the purposes of this regulation. ### (68) the public sector body or union institution , agency or body may share the data it has obtained pursuant to the request with other entities or persons when this is needed to carry out scientific research activities or analytical activities it cannot perform itself , providing that those activities are strictly necessary to respond to the emergency need. it shall inform the data holder of such sharing in a timely manner. such data may also be shared under the same circumstances with the national statistical institutes and eurostat for the compilation of official statistics where they are compatible with the purpose for which the data was requested and the data holder should be informed about the further sharing of the data it had provided. individuals conducting research or research organisations with whom these data may be shared should act either on a not-for-profit basis or in the context of a public-interest mission recognised by the state. organisations upon which public or commercial undertakings have a significant influence allowing such undertakings to exercise control because of structural situations , which could result in preferential access to the results of the research , should not be considered research organisations for the purposes of this regulation.


### (84) in order to eliminate the risk that holders of data in databases obtained or generated by means of physical components , such as sensors , of a connected product and a related service claim the sui generis right under article 7 of directive 96/9/ec where such databases do not qualify for the sui generis right , and in so doing hinder the effective exercise of the right of users to access and use data and the right to share data with third parties under this regulation , this regulation should clarify that the sui generis right does not apply to such databases as the requirements for protection would not be fulfilled. ### (84) in order to eliminate the risk that holders of databases containing data obtained or generated by means of physical components , such as sensors , of a connected product and a related service , namely machine-generated data , claim the sui generis right under article 7 of directive 96/9/ec this regulation clarifies that the sui generis right does not apply to such databases as the requirements for protection would not be fulfilled.


### 3. a public sector body or a union institution , agency or body shall not make data obtained pursuant to this chapter available for reuse within the meaning of directive (eu) 2019/1024. directive (eu) 2019/1024 shall not apply to the data held by public sector bodies obtained pursuant to this chapter. ### 3. a public sector body or a union institution , agency or body shall not make data obtained pursuant to this chapter available for reuse within the meaning of directive (eu) 2019/1024 and regulation (eu) 2022/868. directive (eu) 2019/1024 shall not apply to the data held by public sector bodies obtained pursuant to this chapter.


### where a public sector body or a union institution , agency or body transmits or makes data available under this paragraph , it shall notify the data holder from whom the data was received. ### where a public sector body or a union institution , agency or body makes data available under this paragraph to a third party , it shall notify the data holder from whom the data was received without undue delay.


### the data is unavailable; ### the data holder is not currently collecting or has not previously collected , obtained or otherwise generated the requested data and does not retain it at the time of the request


### 2. any decision or judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a provider of data processing services to transfer from or give access to non-personal data within the scope of this regulation held in the union may only be recognised or enforceable in any manner if based on an international agreement , such as a mutual legal assistance treaty , in force between the requesting third country and the union or any such agreement between the requesting third country and a member state. ### 2. any decision or judgement of a court or tribunal and any decision of an administrative authority of a third country requiring a data holder or provider of data processing services to transfer from or give access to non-personal data within the scope of this regulation held in the union may only be recognised or enforceable in any manner if based on an international agreement , such as a mutual legal assistance treaty , in force between the requesting third country and the union or any such agreement between the requesting third country and a member state.


### in the absence of such an international agreement , where a provider of data processing services is the addressee of a decision of a court or a tribunal or a decision of an administrative authority of a third country to transfer from or give access to non-personal data within the scope of this regulation held in the union and compliance with such a decision would risk putting the addressee in conflict with union law or with the national law of the relevant member state , transfer to or access to such data by that third-country authority shall take place only: ### in the absence of such an international agreement , where a data holder or provider of data processing services is the addressee of a decision of a court or a tribunal or a decision of an administrative authority of a third country to transfer from or give access to non-personal data within the scope of this regulation held in the union and compliance with such a decision would risk putting the addressee in conflict with union law or with the national law of the relevant member state , transfer to or access to such data by that third-country authority shall take place only following review by the relevant competent bodies or authorities , pursuant to this regulation to assess if , in addition to the provisions of any relevant national or union law , the following conditions have been met:


### essential requirements regarding interoperability ### essential requirements regarding interoperability of data spaces


### operators of data spaces shall comply with , the following essential requirements to facilitate interoperability of data , data sharing mechanisms and services: ### where participants of data spaces offer data or data-based services to other participants , they shall adhere to , the following essential requirements to facilitate interoperability of data , data sharing mechanisms and services by making publicly available comprehensive and consistent descriptions of:


### the dataset content , use restrictions , licences , data collection methodology , data quality and uncertainty shall be sufficiently described to allow the recipient to find , access and use the data; ### the dataset content , use restrictions , licences , data collection methodology , data quality and uncertainty to allow participants to find , access and use the data;


### the data structures , data formats , vocabularies , classification schemes , taxonomies and code lists shall be described in a publicly available and consistent manner; ### the data structures , data formats , vocabularies , classification schemes , taxonomies and code lists;


### the technical means to access the data , such as application programming interfaces , and their terms of use and quality of service shall be sufficiently described to enable automatic access and transmission of data between parties , including continuously or in real-time in a machine-readable format; ### the technical means to access the data , such as application programming interfaces , and their terms of use and quality of service to enable automatic access and transmission of data between parties , including continuously or in real-time in a machine-readable format and , where relevant , the means and terms for compensation for such access;


### the means to enable the interoperability of smart contracts within their services and activities shall be provided. ### the means to enable the interoperability of contracts for data sharing within their services and activities.


### these requirements can have a generic nature or concern specific sectors , while taking fully into account the interrelation with requirements coming from other union or national sectoral legislation. ### deleted


### 2. the commission is empowered to adopt delegated acts , in accordance with article 38 to supplement this regulation by further specifying the essential requirements referred to in paragraph 1. ### 2. the commission is empowered to adopt delegated acts , in accordance with article 38 to supplement this regulation by specifying essential requirements for harmonised standards referred to in paragraph 1 , taking into account , where relevant , positions adopted by the european data innovation board , as referred to in article 30(f) of regulation… [dga].


### 3. operators of data spaces that meet the harmonised standards or parts thereof published by reference in the official journal of the european union shall be presumed to be in conformity with the essential requirements referred to in paragraph 1 of this article , to the extent those standards cover those requirements. ### deleted


### 6. the commission may adopt guidelines laying down interoperability specifications for the functioning of common european data spaces , such as architectural models and technical standards implementing legal rules and arrangements between parties that foster data sharing , such as regarding rights to access and technical translation of consent or permission. ### deleted


### 1. the vendor of an application using smart contracts or , in the absence thereof , the person whose trade , business or profession involves the deployment of smart contracts for others in the context of an agreement to make data available shall comply with the following essential requirements: ### 1. the offering contractual party of a smart contract in the context of an agreement to make data available shall comply with the following essential requirements:


### 2. the vendor of a smart contract or , in the absence thereof , the person whose trade , business or profession involves the deployment of smart contracts for others in the context of an agreement to make data available shall perform a conformity assessment with a view to fulfilling the essential requirements under paragraph 1 and , on the fulfilment of the requirements , issue an eu declaration of conformity. ### 2. the offering party of a smart contract in the context of an agreement to make data available shall perform a conformity assessment with a view to fulfilling the essential requirements under paragraph 1 and , on the fulfilment of the requirements , issue an eu declaration of conformity.


### 3. by drawing up the eu declaration of conformity , the vendor of an application using smart contracts or , in the absence thereof , the person whose trade , business or profession involves the deployment of smart contracts for others in the context of an agreement to make data available shall be responsible for compliance with the requirements under paragraph 1. ### 3. by drawing up the eu declaration of conformity , the offering party of a smart contract in the context of an agreement to make data available shall be responsible for compliance with the requirements under paragraph 1.


### monitoring technological developments of relevance for the making available and use of data; ### monitoring technological and commercial developments of relevance for the making available and use of data;


### other categories or types of data to be made accessible; ### further specifying categories or types of data to be made accessible;


### 6. the data holder shall only use any non-personal data generated by the use of a product or related service on the basis of a contractual agreement with the user. the data holder shall not use such data generated by the use of the product or related service to derive insights about the economic situation , assets and production methods of or the use by the user that could undermine the commercial position of the user in the markets in which the user is active. ### 6. data holders shall only use any non-personal data transmitted to them from a connected product or generated during the provision of a related service on the basis of a contractual agreement with the user. where such contractual agreement is unilaterally imposed , in the sense of article 13(5) , article 13 shall apply to the agreement. data holders shall not use such data transmitted to them from the connected product or generated during the provision of related service to derive insights about the economic situation , assets and production methods of or the use by the user that could undermine the commercial position of the user in the markets in which it is active.


### solicit or commercially incentivise a user to request the data holder to make data available to one of its services pursuant to paragraph 1 of this article; ### solicit a user to request the data holder to make data available to one of its services pursuant to paragraph 1 of this article;


### 7. any failure on the part of the data holder and the third party to agree on arrangements for transmitting the data shall not hinder , prevent or interfere with the exercise of the rights of the data subject under regulation (eu) 2016/679 and , in particular , with the right to data portability under article 20 of that regulation. ### 7. any failure on the part of a data holder and the data recipient to agree on arrangements for transmitting the data shall not hinder , prevent or interfere with the exercise of the rights of the data subject under regulation (eu) 2016/679 and , in particular , with the right to data portability under article 20 of that regulation.


### obligations of third parties receiving data at the request of the user ### obligations of data recipients receiving data at the request of the user


### 2. the third party shall not: ### 2. the data recipient shall not:


### prevent the user , including through contractual commitments , from making the data it receives available to other parties. ### deleted


### 3. this chapter shall only apply in relation to obligations to make data available under union law or national legislation implementing union law , which enter into force after [date of application of the regulation]. ### 3. this chapter shall only apply in relation to obligations to make data available under union law or national legislation implementing union law , which enter into force after [date of application of the regulation]. as regards obligations for the provision of related services , which have entered into force before [date of application of the regulation] , their provisions shall be aligned with this regulation within two years after the date of application of this regulation.


### iv unfair terms related to data access and use between enterprises ### iv unfair terms related to data access and use


### 2. a contractual term is unfair if it is of such a nature that its use grossly deviates from good commercial practice in data access and use , contrary to good faith and fair dealing. ### 2. a contractual term is unfair if it is of such a nature that objectively impairs the ability of the party upon whom the term has been unilaterally imposed to protect its legitimate commercial or non-commercial interest in the data in question , if its use grossly deviates from good commercial practice in data access and use , contrary to good faith and fair dealing.


### allow the party that unilaterally imposed the term to access and use data of the other contracting party in a manner that is significantly detrimental to the legitimate interests of the other contracting party; ### allow the party that unilaterally imposed the term to access and use data of the other contracting party in a manner that is significantly detrimental to the legitimate commercial or non-commercial interests of the other contracting party;


### prevent the party upon whom the term has been unilaterally imposed from using the data contributed or generated by that party during the period of the contract , or to limit the use of such data to the extent that that party is not entitled to use , capture , access or control such data or exploit the value of such data in a proportionate manner; ### prevent the party upon whom the term has been unilaterally imposed from using the data contributed or generated by that party , including data transmitted from a connected product , as defined under article 3(2a) , during the period of the contract , or to limit the use of such data to the extent that that party is not entitled to use , extract , access or control such data or exploit the value of such data in a proportionate manner , unless it has presented that party with an explicit choice between concluding the agreement without limitation to its rights and the option to be compensated proportionately in exchange for foregoing those rights;


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


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


### demonstrate the exceptional need for which the data are requested; ### demonstrate the specific exceptional need for which the data are requested;


### (16) it is necessary to lay down rules applying to connected products that incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing its functions. such related services can be part of the sale , rent or lease agreement , or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller , renter , lessor or other persons in previous links of the chain of transactions , including the manufacturer. these related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the supply of service forms part of the sale , rent or lease contract , this regulation should apply. ### (16) it is also necessary to lay down rules applying to providers of related services that are interconnected with a connected product and that are necessary in order for the connected product to perform one or more of its functions and which involve the transfer of data between the connected product and the provider the related services. where a provider of related services receives data from a connected product or has access to data generated during the provision of the related service and has the right to use this non-personal data , in accordance with article 4(6) , it should be considered a data holder. the provision of related services may themselves generate data of value to the user independently of the data collection capabilities of the product. such data may represent the digitalisation of user actions and events and should accordingly be accessible to the user. such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment , health and the circular economy , including particular through facilitating the maintenance and repair of the products in question or the development of products or services. information derived or inferred from this data by the data holder or another third party after it has been transmitted from the connected product , should not be considered within scope of this regulation. this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the provision of a related service is necessary to maintain the functional operation of the connected product , supply of service forms part of the sale , rent or lease contract , this regulation should apply.


### (38) this regulation contains general access rules , whenever a data holder is obliged by law to make data available to a data recipient. such access should be based on fair , reasonable , non-discriminatory and transparent conditions to ensure consistency of data sharing practices in the internal market , including across sectors , and to encourage and promote fair data sharing practices even in areas where no such right to data access is provided. these general access rules do not apply to obligations to make data available under regulation (eu) 2016/679. voluntary data sharing remains unaffected by these rules. ### (38) this regulation contains rules , whenever a data holder is obliged by law to make data available to a data recipient. such access should be based on fair , reasonable , non-discriminatory and transparent conditions to ensure consistency of data sharing practices in the internal market , including across sectors , and to encourage and promote fair data sharing practices even in areas where no such right to data access is provided. these rules do not apply to obligations to make data available under regulation (eu) 2016/679. voluntary data sharing remains unaffected by these rules.


### (39) based on the principle of contractual freedom , the parties should remain free to negotiate the precise conditions for making data available in their contracts , within the framework of the general access rules for making data available. ### (39) based on the principle of contractual freedom , the parties should remain free to negotiate the precise conditions for making data available in their contracts , within the framework laid out in this regulation and the [dga].


### (45) direct costs for making data available are the costs necessary for data reproduction , dissemination via electronic means and storage but not of data collection or production. direct costs for making data available should be limited to the share attributable to the individual requests , taking into account that the necessary technical interfaces or related software and connectivity will have to be set up permanently by the data holder. long-term arrangements between data holders and data recipients , for instance via a subscription model , could reduce the costs linked to making the data available in regular or repetitive transactions in a business relationship. ### (45) direct costs for making data available are the costs necessary for data reproduction , dissemination via electronic means and storage but not of data collection or production. direct costs for making data available should be limited to the share attributable to the individual requests , taking into account that the necessary technical interfaces or related software and connectivity will have to be set up permanently by the data holder. long-term arrangements between data holders and data recipients , with the explicit permission of the user , for instance via a subscription model , could reduce the costs linked to making the data available in regular or repetitive transactions in a business relationship.


### (77) third countries may adopt laws , regulations and other legal acts that aim at directly transferring or providing governmental access to non-personal data located outside their borders , including in the union. judgments of courts or tribunals or decisions of other judicial or administrative authorities , including law enforcement authorities in third countries requiring such transfer or access to non-personal data should be enforceable when based on an international agreement , such as a mutual legal assistance treaty , in force between the requesting third country and the union or a member state. in other cases , situations may arise where a request to transfer or provide access to non-personal data arising from a third country law conflicts with an obligation to protect such data under union law or national law , in particular as regards the protection of fundamental rights of the individual , such as the right to security and the right to effective remedy , or the fundamental interests of a member state related to national security or defence , as well as the protection of commercially sensitive data , including the protection of trade secrets , and the protection of intellectual property rights , and including its contractual undertakings regarding confidentiality in accordance with such law. in the absence of international agreements regulating such matters , transfer or access should only be allowed if it has been verified that the third country’s legal system requires the reasons and proportionality of the decision to be set out , that the court order or the decision is specific in character , and that the reasoned objection of the addressee is subject to a review by a competent court in the third country , which is empowered to take duly into account the relevant legal interests of the provider of such data. wherever possible under the terms of the data access request of the third country’s authority , the provider of data processing services should be able to inform the customer whose data are being requested in order to verify the presence of a potential conflict of such access with union or national rules , such as those on the protection of commercially sensitive data , including the protection of trade secrets and intellectual property rights and the contractual undertakings regarding confidentiality. ### (77) third countries may adopt laws , regulations and other legal acts that aim at directly transferring or providing governmental access to non-personal data located outside their borders , including in the union. judgments of courts or tribunals or decisions of other judicial or administrative authorities , including law enforcement authorities in third countries requiring such transfer or access to non-personal data should be enforceable when based on an international agreement , such as a mutual legal assistance treaty , in force between the requesting third country and the union or a member state. in other cases , situations may arise where a request to transfer or provide access to non-personal data arising from a third country law conflicts with an obligation to protect such data under union law or national law , in particular as regards the protection of fundamental rights of the individual , such as the right to security and the right to effective remedy , or the fundamental interests of a member state related to national security or defence , as well as the protection of commercially sensitive data , including the protection of trade secrets , and the protection of intellectual property rights , and including its contractual undertakings regarding confidentiality in accordance with such law. in the absence of international agreements regulating such matters , transfer or access should only be allowed if it has been verified that the third country’s legal system requires the reasons and proportionality of the decision to be set out , that the court order or the decision is specific in character , and that the reasoned objection of the addressee is subject to a review by a competent court in the third country , which is empowered to take duly into account the relevant legal interests of the provider of such data. wherever possible under the terms of the data access request of the third country’s authority , a provider of data processing services should be able to inform a data holder whose data are being requested in order to verify the presence of a potential conflict of such access with union or national rules , such as those on the protection of commercially sensitive data , including the protection of trade secrets and intellectual property rights and the contractual undertakings regarding confidentiality.


### (78) to foster further trust in the data , it is important that safeguards in relation to union citizens , the public sector and businesses are implemented to the extent possible to ensure control over their data. in addition , union law , values and standards should be upheld in terms of (but not limited to) security , data protection and privacy , and consumer protection. in order to prevent unlawful access to non-personal data , providers of data processing services subject to this instrument , such as cloud and edge services , should take all reasonable measures to prevent access to the systems where non-personal data is stored , including , where relevant , through the encryption of data , the frequent submission to audits , the verified adherence to relevant security reassurance certification schemes , and the modification of corporate policies. ### (78) to foster further trust in the data , it is important that safeguards in relation to union citizens , the public sector and businesses are implemented to the extent possible to ensure control over their data. in addition , union law , values and standards should be upheld in terms of (but not limited to) security , data protection and privacy , and consumer protection. in order to prevent unlawful access to non-personal data , data holders and providers of data processing services subject to this instrument , such as cloud and edge services , should take all reasonable measures to prevent access to non-personal data , including , where relevant , through the encryption of data , the frequent submission to audits , the verified adherence to relevant security reassurance certification schemes , and the modification of corporate policies.


### (87) this regulation should not affect specific provisions of acts of the union adopted in the field of data sharing between businesses , between businesses and consumers and between businesses and public sector bodies that were adopted prior to the date of the adoption of this regulation. to ensure consistency and the smooth functioning of the internal market , the commission should , where relevant , evaluate the situation with regard to the relationship between this regulation and the acts adopted prior to the date of adoption of this regulation regulating data sharing , in order to assess the need for alignment of those specific provisions with this regulation. this regulation should be without prejudice to rules addressing needs specific to individual sectors or areas of public interest. such rules may include additional requirements on technical aspects of the data access , such as interfaces for data access , or how data access could be provided , for example directly from the product or via data intermediation services. such rules may also include limits on the rights of data holders to access or use user data , or other aspects beyond data access and use , such as governance aspects. this regulation also should be without prejudice to more specific rules in the context of the development of common european data spaces. ### (87) to ensure consistency and the smooth functioning of the internal market , the commission should , where relevant , evaluate the situation with regard to the relationship between this regulation and the acts adopted prior to the date of adoption of this regulation regulating data sharing , in order to assess the need for alignment of those specific provisions with this regulation. such rules may include additional requirements on technical aspects of the data access , such as interfaces for data access , or how data access could be provided , for example directly from the product or via data intermediation services. such rules may also include limits on the rights of data holders to access or use user data , or other aspects beyond data access and use , such as governance aspects. this regulation can be complemented by more specific rules in the context of the development of common european data spaces.


### data holders that make data available to data recipients in the union; ### users of connected products or data holders that make data available to data recipients in the union;


### (8) ‘enterprise’ means a natural or legal person which in relation to contracts and practices covered by this regulation is acting for purposes which are related to that person’s trade , business , craft or profession; ### (8) ‘enterprise’ means a natural or legal person which in relation to contracts and practices covered by this regulation is acting for purposes which are related to that person’s trade , business , craft or profession; in cases where the acts of a natural person are of a nature that go beyond consumer behaviour but do not meet the regular character of a trade , business , craft or profession , such as prosumers , they are to be assimilated to enterprises and benefit from the rights conferred upon them by this regulation;


### (11) ‘processing’ means any operation or set of operations which is performed on data or on sets of data in electronic format , whether or not by automated means , such as collection , recording , organisation , structuring , storage , adaptation or alteration , retrieval , consultation , use , disclosure by transmission , dissemination or otherwise making available , alignment or combination , restriction , erasure or destruction; ### (11) ‘processing’ means processing as defined in article 4 , point (2) , of regulation (eu) 2016/679 with regard to personal data or article 3 , point (2) , of regulation (eu) 2018/1807 with regard to non-personal data;


### (15) ‘open interoperability specifications’ mean ict technical specifications , as defined in regulation (eu) no 1025/2012 , which are performance oriented towards achieving interoperability between data processing services; ### (15) ‘open standards’ , as defined in regulation (eu) no 1025/2012 , mean technical specifications , which are performance oriented towards achieving interoperability between data processing services and which are adopted through an inclusive , collaborative , consensus-based and transparent process from which materially affected and interested parties cannot be excluded;


### (19) ‘interoperability’ means the ability of two or more data spaces or communication networks , systems , products , applications or components to exchange and use data in order to perform their functions; ### (19) ‘interoperability’ means the ability of two or more data-based services , including data spaces , communication networks , systems , applications or components to store , process , exchange and use data in order to perform their functions;


### obligation to make data generated by the use of products or related services accessible ### in device access obligation to make data generated by connected products accessible to the user and obligations on contracts regarding related services


### whether the data is likely to be generated continuously and in real-time; ### whether the connected product is capable of generating data continuously and in real-time;


### the right of users to access and use data generated by the use of products or related services ### the rights and obligations of users and data holders to access and make available data transmitted by connected products or generated during the provision of related services


### 2. the data holder shall not require the user to provide any information beyond what is necessary to verify the quality as a user pursuant to paragraph 1. the data holder shall not keep any information on the user’s access to the data requested beyond what is necessary for the sound execution of the user’s access request and for the security and the maintenance of the data infrastructure. ### 2. data holders shall not require the user to provide any information beyond what is necessary to verify the quality as a user pursuant to paragraph 1. data holders shall not keep any information on the user’s access to the data requested beyond what is necessary for the sound execution of the user’s access request and for the security and the maintenance of the data infrastructure.


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


### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal. ### (4) the commission’s communication on the european green deal35 emphasised that europe's digital transformation should become an enabler for reaching the green deal objectives. the union should lay the path to a sustainable and sovereign digital future designed for human development. to this end , it should promote and invest in digital technologies and infrastructure that are sustainably designed , with high ecodesign standards and durability at their core , to attain the sustainability goals of the green deal. digitalisation also presents new opportunities for distance monitoring of air and water pollution , and for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient through a complete multicriteria life-cycle assessment methodology , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal and the eu sustainable and smart mobility strategy.1a


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


### (5) the measures envisaged in the digital compass communication should be implemented , to intensify actions defined in the strategy for shaping europe’s digital future , and building on existing union instruments (such as cohesion programmes , the technical support instrument , regulation (eu) 2021/694 of the european parliament and of the council36 , regulation (eu) 2021/695 of the european parliament and of the council37 and regulation (eu) 2021/523 of the european parliament and of the council38 ) and on the funds allocated for digital transition of regulation (eu) 2021/241 of the european parliament and of the council39 . by this decision , a policy programme “path to the digital decade” should therefore be established in order to achieve , accelerate and shape a successful digital transformation of the union’s economy and society. ### (5) the measures envisaged in the digital compass communication should be implemented , to intensify actions defined in the strategy for shaping europe’s digital future , and building on existing union instruments (such as cohesion programmes , the technical support instrument , regulation (eu) 2021/694 of the european parliament and of the council36 , regulation (eu) 2021/695 of the european parliament and of the council37 and regulation (eu) 2021/523 of the european parliament and of the council38 ) and on the funds allocated for digital transition of regulation (eu) 2021/241 of the european parliament and of the council39 . by this decision , a policy programme “path to the digital decade” should therefore be established in order to shape a successful digital transformation as a tool to achieve the union’s general policy objectives , keeping in mind that digitalisation without a societal value is not a goal in itself.


### (6) in order to follow the trajectory of the union regarding the pace of digital transformation , digital targets should be established. these targets should be linked to concrete areas , where progress should collectively be made within the union. the targets follow the four cardinal points identified in the digital compass communication , identified as the essential areas for the digital transformation of the union: digital skills , digital infrastructures , digitalisation of businesses and of public services. ### (6) digital targets should be established , rigorously guided by clear , environmentally sustainable societal objectives. the targets follow the four cardinal points in the digital compass communication , identified as the essential areas for the digital transformation of the union: digital skills , digital infrastructures , digitalisation of businesses and of public services.


### (6) in order to follow the trajectory of the union regarding the pace of digital transformation , digital targets should be established. these targets should be linked to concrete areas , where progress should collectively be made within the union. the targets follow the four cardinal points identified in the digital compass communication , identified as the essential areas for the digital transformation of the union: digital skills , digital infrastructures , digitalisation of businesses and of public services. ### (6) digital targets should be established , rigorously guided by clear societal objectives. the targets follow the four cardinal points identified in the digital compass communication , identified as the essential areas for the digital transformation of the union: digital skills , digital infrastructures , digitalisation of businesses and of public services.


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , eliminating gender , social and geographic divides. an intersectional approach should be the basis of this convergence , making sure all women and men benefit from advanced digital skills and access to quality jobs , including but not limited to women with disabilities , black and other women of colour , women with migrant backgrounds , roma and lbti women , and from non-urban areas of the union. digital literacy should also be prioritised for marginalised populations , such as the elderly and people with disabilities. wide public consultation involving citizens prior to the deployment of digital infrastructure projects should lead to greater trust , acceptability and improve the design of projects with the concrete needs and feedback of local communities.


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society , economy and environment , close the digital divide , ensure its global competitiveness and reduce its technological dependencies. having access to and addressing shortages in digital skills is also critical to the growth of europe’s tech ecosystem and its emergence on a global scale. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with the additional aim of closing the digital gender gap. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas is needed to achieve an inclusive union where no group is at a disadvantage. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers.


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


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


### (8) beyond enablers , all the above mentioned technologies will be at the core of new products , new manufacturing processes and new business models based on fair sharing of data in the data economy. the transformation of businesses will depend on their ability to adopt new digital technologies rapidly and across the board , including in industrial and services ecosystems that are currently lagging behind. ### (8) beyond enablers , all the above mentioned technologies will be at the core of new products , new manufacturing processes and new business models based on fair and secure sharing of data in the data economy , while ensuring effective protection of privacy and data protection. the transformation of businesses will depend on their ability to adopt new digital technologies rapidly , including in industrial and services ecosystems that are currently lagging behind.


### (9) democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone , as a best–in-class digital environment providing for easy-to-use , efficient and personalised services and tools with high security and privacy standards. ### (9) democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone , as a best–in-class digital environment providing for easy-to-use , efficient and personalised services and tools with high security and privacy standards. to this end , encryption should be encouraged and the avoidance of gender , social , geographical or age divides should be mainstreamed into every action.


### (13) the digital economy and society index (‘desi’)41 should become a part of the report on the state of the digital decade and should be used to monitor the progress towards the digital targets. this monitoring should include an analysis of the indicators measuring progress at member states’ level , national policies and initiatives aimed at reaching the objectives of this decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of european economies and a ranking of member states progress therein. in particular , desi’s dimensions and indicators should be aligned with digital targets set out in this decision. for each digital target , key performance indicators (‘kpis) should be set out in implementing acts to be adopted by the commission. the kpis should be updated when necessary for continued effective monitoring and to take account of technological developments. the data collection mechanism within member states should be reinforced to present a thorough state of play on the progress towards the digital targets , as well as information on the relevant policies , programmes , and initiatives at national level. based on the reviews and where needed , the commission should prepare , in consultation with the member states , a roadmap to set out future data collection needs. . in defining the desi , the commission should rely largely on official statistics collected in different union surveys on the information society42 . the commission should use specific studies to collect data for those relevant indicators that are not measured in the union surveys. ### (13) the digital economy and society index (‘desi’) should become a part of the report on the state of the digital decade and should be used to monitor the progress towards the digital targets. this monitoring should include an analysis of the indicators measuring progress at member states’ level , national policies and initiatives aimed at reaching the objectives of this decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of european economies and a ranking of member states progress therein. in particular , desi’s dimensions and indicators should be aligned with digital targets set out in this decision and include social inclusion targets broken down by age groups and gender as well as environmental targets. for each digital target , key performance indicators (‘kpis) should be set out in implementing acts to be adopted by the commission. the kpis should be updated when necessary for continued effective monitoring and to take account of technological developments. the data collection mechanism within member states should be reinforced to present a thorough state of play on the progress towards the digital targets , information on the relevant policies , programmes , and initiatives at national level , and the impact and consequences that this has for working conditions and workers’ mental health. based on the reviews and where needed , the commission should prepare , in consultation with the member states , a roadmap to set out future data collection needs. . in defining the desi , the commission should rely largely on official statistics collected in different union surveys on the information society. the commission should use specific studies to collect data for those relevant indicators that are not measured in the union surveys.


### (15) in particular , the commission should report on the progress towards the digital targets , detailing the degree of union progress in relation to the projected trajectories for each target , the assessment of the efforts necessary to reach each target , including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. the report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at union and member states level. ### (15) in particular , the commission should report on the progress towards the digital targets , detailing the degree of union progress in relation to the projected trajectories for each target , the assessment of the efforts necessary to reach each target , including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. the report should include an overview of the risks and benefits for workers in the process of achieving these targets. the report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at union and member states level.


### (15) in particular , the commission should report on the progress towards the digital targets , detailing the degree of union progress in relation to the projected trajectories for each target , the assessment of the efforts necessary to reach each target , including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. the report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at union and member states level. ### (15) in particular , the commission should report on how effectively the objectives of this decision have been mainstreamed into the planning and development of projects and any problems identified , as well as the progress towards the digital targets , detailing the degree of union progress in relation to the projected trajectories for each target , the assessment of the efforts necessary to reach each target , including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. the report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at union and member states level.


### (16) on the basis of this analysis the report would include specific recommended policies , measures and actions. when recommending policies , measures or actions in the report , the commission should take into account the most recent data available , the joint commitments undertaken , the policies and measures defined by member states as well as progress regarding recommended actions identified in earlier reports and addressed in the course of the annual cooperation. in addition , the commission should take into account the differences in individual member states’ potential to contribute to the digital targets , as well as the policies , measures and actions already in place and considered appropriate to achieve the targets , even if their effects have not yet materialised. ### (16) on the basis of this analysis the report would include specific recommended policies , measures and actions. when recommending policies , measures or actions in the report , the commission should take into account the most recent data available , the joint commitments undertaken , the policies and measures defined by member states as well as progress regarding recommended actions identified in earlier reports and addressed in the course of the annual cooperation. in addition , the commission should take into account the differences in individual member states’ potential to contribute to the digital targets , as well as the policies , measures and actions already in place and considered appropriate to achieve the objectives and targets , even if their effects have not yet materialised.


### (20) in order to ensure that cooperation between the commission and the member states is efficient and effective , member states should submit to the commission national digital decade strategic roadmaps covering the period up to 2030 (‘national digital decade strategic roadmaps’) proposing , where possible and measurable at national level , national trajectories , describing all the instruments adopted , planned or implemented with a view to contributing to the achievement at union level of the objectives of this decision and the digital targets. these national digital decade strategic roadmaps should be a crucial tool for the coordination of the policies of the member states and for ensuring predictability for the market. member states should take into account relevant sectoral initiatives , both at union and national level , and ensure consistency with them. during the annual cycle of cooperation , member states could propose adjustments to their national digital decade strategic roadmaps to take into account the evolution of the digital transition at union and national level and to respond , in particular , to the commission recommended policies , measures and actions. ### (20) in order to ensure that cooperation between the commission and the member states is efficient and effective , member states should submit to the commission national digital decade strategic roadmaps covering the period up to 2030 (‘national digital decade strategic roadmaps’) proposing , where possible and measurable at national level , national trajectories , describing all the instruments adopted , planned or implemented with a view to contributing to the achievement at union level of the objectives of this decision and the digital targets and objectives. these national digital decade strategic roadmaps should be a crucial tool for the coordination of the policies of the member states and for ensuring predictability for the market. member states should take into account relevant sectoral initiatives , both at union and national level , and ensure consistency with them. during the annual cycle of cooperation , member states could propose adjustments to their national digital decade strategic roadmaps to take into account the evolution of the digital transition at union and national level and to respond , in particular , to the commission recommended policies , measures and actions.


### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or health sector , and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments. ### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or health sector and civil society and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments.