### (7) pursuing the environmental goals , including the fight against climate change , makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products. ### (7) pursuing the environmental goals makes it necessary to lay down a framework for declaring environmental and sustainability performance of construction products , including the possibility of establishing relevant thresholds and classes , and to lay the ground and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.


### (10) in order to ensure safety and protection of the environment and to close a regulatory loophole that would otherwise exist , it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. micro-enterprises , however , often individually manufacture and install products on site. subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. it is therefore necessary to enable member states to exempt micro-enterprises from drawing up a declaration of performance in specific situations , where the interests of other member states are not affected. ### (10) micro-enterprises , however , often individually manufacture and install products on site. subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. it is therefore necessary to enable member states to exempt micro-enterprises from drawing up a declaration of performance in specific situations , where the interests of other member states are not affected.


### (20) in order to contribute to the objectives of the european green deal and the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate , are necessary. when setting these requirements , the commission should take into account their potential contribution to achieving union climate , environmental and energy efficiency objectives. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category. ### (20) in order to contribute to the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment are necessary. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category.


### (26) in order to enhance legal clarity and reduce the administrative burden for the economic operators , it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health , safety or protection of the environment , including climate , under different union legislation. this was confirmed by the refit platform recommending that the commission gives priority to addressing the problems of overlapping and repetitive requirements. the commission should thus be able to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations of this regulation , where otherwise the same aspect of health , safety or protection of the environment , including climate , would be assessed in parallel under this regulation and other union law. ### (26) in order to enhance legal clarity and reduce the administrative burden for the economic operators , it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health , safety or protection of the environment under different union legislation. this was confirmed by the refit platform recommending that the commission gives priority to addressing the problems of overlapping and repetitive requirements. the commission should thus be able to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations of this regulation , where otherwise the same aspect of health , safety or protection of the environment would be assessed in parallel under this regulation and other union law.


### (42) to optimise the pursuit of the goals of the european green deal and of the circular economy action plan , the manufacturers should be obliged to reach a fair level of environmental sustainability , both for their products and their manufacturing. this obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects , whilst both environmental and safety aspects can relate to the product as such or to the construction works. to give manufacturers certainty about how to make these trade-off decisions , this regulation should set out clear trade-off rules. ### (42) the manufacturers should be guided in order to reach a fair level of environmental sustainability , both for their products and their manufacturing. this obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects , whilst both environmental and safety aspects can relate to the product as such or to the construction works. to give manufacturers certainty about how to make these trade-off decisions , this regulation should set out clear trade-off rules.


### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers should favour re-use , remanufacturing and recycling of their products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use. ### (44) in view of enhancing the circularity of construction products , manufacturers should favour re-use , remanufacturing and recycling of their products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use.


### (47) in order to be able to make informed choices , users of construction products should be sufficiently well informed about the environmental performances of products , about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. therefore , the commission is empowered to adopt delegated acts to establish specific labelling requirements which might include the easily understandable traffic light labelling. ### (47) in order to be able to make informed choices , users of construction products should be sufficiently well informed about the environmental performances of products , about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard.


### (91) public procurement amounts to 14% of the union’s gdp. to contribute to the objective of reaching climate neutrality , improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity , contracting authorities and entities should , where appropriate , be required to align their procurement with specific green public procurement criteria or targets , to be set out in the delegated acts adopted pursuant to this regulation. the criteria or targets set by delegated acts for specific product groups , should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. compared to a voluntary approach , mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised. the criteria should be transparent , objective and non-discriminatory. ### deleted


### rules on how to express the environmental , including climate , and safety performance of construction products in relation to their essential characteristics; ### rules on how to express the environmental and safety performance of construction products in relation to their essential characteristics;


### environmental , including climate , functional and safety product requirements for construction products. ### environmental functional and safety product requirements for construction products.


### boilers , pipes , tanks and ancillaries and other products intended to be in contact with water for human consumption; ### the hygiene-related qualities of boilers , pipes , tanks and ancillaries and other products intended to be in contact with water for human consumption;


### (13) the compliance of construction products with union legislation often depends on the compliance of their key parts with that legislation. however , because key parts are often integrated into various construction products , the protection of safety and of the environment , including climate , is better achieved when those key parts are assessed upstream , that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. similarly , market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. hence , it is necessary to lay down rules applicable to key parts of construction products. ### (13) the compliance of construction products with union legislation often depends on the compliance of their key parts with that legislation. however , because key parts are often integrated into various construction products , the protection of safety and of the environment is better achieved when those key parts are assessed upstream , that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. similarly , market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. hence , it is necessary to lay down rules applicable to key parts of construction products.


### (19) where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of member states , harmonised standards should be rendered mandatory for purpose of application of this regulation , as only such standards reach the goal of permitting the free circulation of products , whilst ensuring the member states’ ability to request safety and environmental , including climate-related , product characteristics in view of their specific national situation. when pursued together , these two goals require that products are assessed by a single assessment method , therefore the method needs to be mandatory. however , voluntary standards can be used to make product requirements , specified for the relevant product family or category by delegated acts , even more concrete , following the path of decision 768/2008 of the european parliament and of the council. in line with decision 768/2008 , those standards should be able to provide a presumption of conformity with the requirements covered by them. ### (19) where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of member states , harmonised standards should be rendered mandatory for purpose of application of this regulation , as only such standards reach the goal of permitting the free circulation of products , whilst ensuring the member states’ ability to request safety and environmental product characteristics in view of their specific national situation. when pursued together , these two goals require that products are assessed by a single assessment method , therefore the method needs to be mandatory. however , voluntary standards can be used to make product requirements , specified for the relevant product family or category by delegated acts , even more concrete , following the path of decision 768/2008 of the european parliament and of the council. in line with decision 768/2008 , those standards should be able to provide a presumption of conformity with the requirements covered by them.


### (25) a circular economy , the key element of the circular economy action plan , can be promoted by mandatory deposit-refund systems and the obligation to take back unused products. member states should therefore be allowed to take such measures. ### (25) a circular economy can be promoted by mandatory deposit-refund systems and the obligation to take back unused products. member states should therefore be allowed to take such measures.


### design and manufacture products and their packaging in such a way that their overall environmental , including climate sustainability reaches the state of the art level , unless a lower level: ### design and manufacture products and their packaging in such a way that their overall environmental sustainability reaches the state of the art level , unless a lower level:


### (4) it is necessary to establish well-functioning information flows , including via electronic means , to ensure that coherent and transparent information about construction products performances is available along the supply chain. this is expected to increase transparency and to improve efficiency in terms of information transfer. ensuring digital access to comprehensive information about construction products would contribute to the digitalisation of the construction sector altogether , making the framework fit for the digital age. access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance. ### (4) it is necessary to establish well-functioning information flows , including via electronic means , to ensure that coherent and transparent information about construction products performances is available along the supply chain. this is expected to increase transparency and to improve efficiency in terms of information transfer. ensuring also digital access to comprehensive information about construction products would contribute to make the construction sector fit for the digital age. access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance.


### (5) the european parliament resolution of 10 march 2021 on the implementation of regulation (eu) no 305/201135 welcomed the commission’s objective to make the construction sector more sustainable by addressing the sustainability performance of construction products in the revision of regulation 305/2011 , as announced in the circular economy action plan. the council conclusions on the circular economy in the construction sector from 28 november 201936 urged the commission to facilitate the circularity of construction products when revising the construction products regulation (eu) no 305/2011. the commission communication ‘a new industrial strategy for europe’37 stressed the need to address the sustainability of construction products and highlighted a more sustainable built environment as essential for europe’s transition towards climate-neutrality. the commission communication ‘updating the 2020 new industrial strategy: building a stronger single market for europe’s recovery’38 identified construction as one of the priority ecosystems that face the most important challenges meeting climate and sustainability goals and embracing the digital transformation , and on which the competitiveness of the construction sector depends. it is therefore appropriate to lay down rules for declaring environmental and sustainability performance of construction products , including the possibility of establishing relevant thresholds and classes. ### deleted


### (12) creating a union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. fairness to consumers remains a priority , specifically but not limited to ensuring affordability of housing in the context of the green transition , in line with proposal for council recommendation on ensuring a fair transition towards climate neutrality40 , in particular recommendations 7 a)-c). it is therefore necessary to lay down harmonised rules for such small houses. however , small houses are also construction works , for which the member states are competent. as it might not be possible to integrate cumulatively all national requirements for small prefabricated one-family houses into the future harmonised technical specifications , member states should have the right to opt out of the application of rules that are to apply to those pre-fabricated one-family houses. ### (12) creating a union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. fairness to consumers remains a priority , therefore it should be necessary to lay down harmonised rules for such small houses. however , small houses are also construction works , for which the member states are competent. as it might not be possible to integrate cumulatively all national requirements for small prefabricated one-family houses into the future harmonised technical specifications , member states should have the right to opt out of the application of rules that are to apply to those pre-fabricated one-family houses.


### (14) construction products that have already been assessed and are reused should not be subject to the rules that apply to new construction products. however , used construction products that have never been placed on the union market before , should be subject to the same rules as new construction products , given that such products have never been assessed. ### (14) construction products that have already been assessed and are reused should not be subject to the rules that apply to new construction products. however , used construction products that have never been placed on the union market before , should be strictly subject to the same rules as new construction products , given that such products have never been assessed.


### (48) certain manufacturer’s obligations , such as assessment of environmental sustainability or giving preference to recyclable materials , can hardly be fulfilled in case of used , remanufactured or surplus products. economic operators enabling reuse or undertaking remanufacturing should thus be exempted from these obligations , the more so as the reuse and remanufacturing are beneficial to the environment. ### (48) certain manufacturer’s obligations , such as assessment of environmental sustainability or giving preference to recyclable materials , can hardly be fulfilled in case of used , remanufactured or surplus products.


### (89) in order to incentivise the use of sustainable construction products whilst avoiding market distortions and to remain in line with the ecodesign for sustainable products regulation , incentives for the use of sustainable construction products provided by member states should target the most sustainable products and be embedded in an exchange of information amongst member states. ### deleted


### member states shall require that , when information is provided to consumers in accordance with this directive , such information is provided without charge to the consumer. ### member states shall require that , when information is provided to consumers in accordance with this directive , such information is provided without charge to the consumer and regardless of the media used to provide it.


### 1. member states shall ensure that creditors and , where applicable , credit intermediaries and providers of crowdfunding credit services are required to provide adequate explanations to the consumer on the proposed credit agreements or crowdfunding credit services and any ancillary services that make it possible for the consumer to assess whether the proposed credit agreements or crowdfunding credit services and ancillary services are adapted to his or her needs and financial situation. the explanations shall include the following elements: ### 1. member states shall ensure that creditors and , where applicable , credit intermediaries and providers of crowdfunding credit services are required to provide adequate explanations to the consumer on the proposed credit agreements or crowdfunding credit services and any ancillary services that make it possible for the consumer to assess whether the proposed credit agreements or crowdfunding credit services and ancillary services are adapted to his or her needs and financial situation. such explanations should be given before concluding the credit agreement. the explanations shall include the following elements:


### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. ### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services obtain consent of the consumer before they develop a personalised offer and inform them when they are presented with a personalised offer that is based on automated processing of personal or inferred data.


### iii tying and bundling practices , agreement for ancillary services , advisory services and unsolicited credit sale ### iii tying and bundling practices , agreement for ancillary services , advisory services , unsolicited credit sales , and additional protection regarding online interfaces


### 2. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow creditors or providers of crowdfunding credit services to request the consumer to open or maintain a payment or a savings account , where the only purpose of such an account is one of the following: ### deleted


### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market. ### deleted


### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. ### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. in addition , creditors or providers of crowdfunding credit services should not be permitted to conclude the sale of a relevant insurance policy related to the credit agreement before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.


### 2. member states shall require that the creditor , and where applicable the credit intermediary and the provider of crowdfunding credit services , before the provision of advisory services or the conclusion of a contract for the provision of such services , provide the consumer with the following information on paper or another durable medium: ### 2. member states shall require that the creditor , and where applicable the credit intermediary and the provider of crowdfunding credit services , before the provision of advisory services or the conclusion of a contract for the provision of such services , provide the consumer with the following information on a durable medium:


### act in the best interests of the consumer; ### act in the best interests of the consumer with a view to minimising defaults and arrears;


### give the consumer a record on paper or on another durable medium of the recommendation provided. ### give the consumer a record on a durable medium of the recommendation provided.


### 4. member states may prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or , where applicable , credit intermediaries or providers of crowdfunding credit services. ### 4. member states shall prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or , where applicable , credit intermediaries or providers of crowdfunding credit services.


### where member states do not prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms , they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors , credit intermediaries or providers of crowdfunding credit services providing advisory services: ### member states shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors , credit intermediaries or providers of crowdfunding credit services providing advisory services:


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### without prejudice to the creditor's possibility to advertise within the limitations set by articles 7 and 8 of the present directive , member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services has made a positive thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to:


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of following the information:


### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity. ### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high-quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity , while respecting users’ choices and applicable legislation to protect them.


### (2) barriers to data sharing prevent an optimal allocation of data to the benefit of society. these barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements , uncertainty about rights and obligations in relation to data , costs of contracting and implementing technical interfaces , the high level of fragmentation of information in data silos , poor metadata management , the absence of standards for semantic and technical interoperability , bottlenecks impeding data access , a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use. ### (2) barriers to data sharing include a lack of incentives for data holders to enter voluntarily into data sharing agreements , uncertainty about rights and obligations in relation to data , costs of contracting and implementing technical interfaces , the high level of fragmentation of information in data silos , poor metadata management , the absence of standards for semantic and technical interoperability , bottlenecks impeding data access , a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use.


### (4) in order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation. ### (4) in order to contribute to the digital transition of the union , a comprehensive harmonisation at union level is needed to ensure fairness in the allocation of value from data among all actors in the data economy as well asto avoid fragmentation resulting from national legislation , and therefore to create trust in the data sharing environment. moreover , to foster access to and use of data. and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation.


### (4) in order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation. ### (4) in order to respond to the needs of the digital economy , protect consumers and to remove unjustified barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation.


### (5) this regulation ensures that users of a product or related service in the union can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the data holder effectively enjoys , de facto or de jure , over data generated by products or related services. ### (5) this regulation ensures that users of a product or related service in the union including data subjects and consumers , can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties and for the purposes of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for users , micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec and for all other types of enterprises , including start-ups. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the data holder effectively enjoys , de facto or de jure , over data generated by products or related services.


### (14) physical products that obtain , generate or collect , by means of their components , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information derived or inferred from this data , where lawfully held , should not be considered within scope of this regulation. 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 , in particular though facilitating the maintenance and repair of the products in question. ### (14) physical products that obtain , generate or collect , by means of their components or operating systems or embedded software , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation with the exception of prototypes. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information derived or inferred from this data , where lawfully held , should not be considered within scope of this regulation. 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 , in particular though facilitating the maintenance and repair of the products in question.this regulation applies to products placed on the marketin the union and thus does not apply to products in development stage such as prototypes.


### (20) in case several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service , reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons can have access to data they generate. users of products that generate data typically require a user account to be set up. this allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant , or the possibility for several persons to use the same user account. access should be granted to the user upon simple request mechanisms granting automatic execution , not requiring examination or clearance by the manufacturer or data holder. this means that data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying mobile application provided with the product or service , the manufacturer should inform the user how the data may be accessed. ### (20) in case several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service , reasonable efforts should be made in the design of the product or related service or the relevant interface so that each user can have access to data they generate. users of products that generate data typically require a user account to be set up. this allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant , or the possibility for several persons to use the same user account. access should be granted to the user upon simple request mechanisms granting automatic execution , not requiring examination or clearance by the manufacturer or data holder. this means that data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying mobile application provided with the product or service , the manufacturer should swiftly inform the user how the data may be accessed.


### (23) before concluding a contract for the purchase , rent , or lease of a product or the provision of a related service , clear and sufficient information should be provided to the user on how the data generated may be accessed. this obligation provides transparency over the data generated and enhances the easy access for the user. this obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to article 12 , 13 and 14 of regulation 2016/679. ### (23) before concluding a contract for the purchase , rent , or lease of a product or the provision of a related service , clear and sufficient information should be provided by the data holder to the user on how the data generated may be accessed. this obligation provides transparency over the data generated and enhances the easy access for the user. this obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to article 12 , 13 and 14 of regulation 2016/679.


### (24) this regulation imposes the obligation on data holders to make data available in certain circumstances. insofar as personal data are processed , the data holder should be a controller under regulation (eu) 2016/679. where users are data subjects , data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this regulation. however , this regulation does not create a legal basis under regulation (eu) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. this applies in particular where the manufacturer is the data holder. in that case , the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. this agreement may be part of the sale , rent or lease agreement relating to the product. any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be transparent to the user , including as regards the purpose for which the data holder intends to use the data. this regulation should not prevent contractual conditions , whose effect is to exclude or limit the use of the data , or certain categories thereof , by the data holder. this regulation should also not prevent sector-specific regulatory requirements under union law , or national law compatible with union law , which would exclude or limit the use of certain such data by the data holder on well-defined public policy grounds. ### (24) this regulation imposes the obligation on data holders to make data available in certain circumstances. insofar as personal data are processed , the data holder should be a controller under regulation (eu) 2016/679. where users are data subjects , data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this regulation. however , this regulation does not create a legal basis under regulation (eu) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. this applies in particular where the manufacturer is the data holder. in that case , the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. this agreement may be part of the sale , rent or lease agreement relating to the product. any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be fair and transparent to the user , including as regards the purpose for which the data holder intends to use the data. this regulation should not prevent contractual conditions , whose effect is to exclude or limit the use of the data , or certain categories thereof , by the data holder. this regulation should also not prevent sector-specific regulatory requirements under union law , or national law compatible with union law , which would exclude or limit the use of certain such data by the data holder on well-defined public policy grounds.


### (25) in sectors characterised by the concentration of a small number of manufacturers supplying end users , there are only limited options available to users with regard to sharing data with those manufacturers. in such circumstances , contractual agreements may be insufficient to achieve the objective of user empowerment. the data tends to remain under the control of the manufacturers , making it difficult for users to obtain value from the data generated by the equipment they purchase or lease. consequently , there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in europe. this regulation should therefore build on recent developments in specific sectors , such as the code of conduct on agricultural data sharing by contractual agreement. sectoral legislation may be brought forward to address sector-specific needs and objectives. furthermore , the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. this would , for instance , involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment , or for instance , using such information to feed in larger databases on certain markets in the aggregate ( ,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. the user should be given the necessary technical interface to manage permissions , preferably with granular permission options (such as “allow once” or “allow while using this app or service”) , including the option to withdraw permission. ### (25) in sectors characterised by the concentration of a small number of manufacturers supplying end users , there are only limited options available to users with regard to sharing data with those manufacturers. in such circumstances , contractual agreements may be insufficient to achieve the objective of user empowerment. the data tends to remain under the control of the manufacturers or other data holders , making it difficult for users to obtain value from the data generated by the equipment they purchase , rent or lease. consequently , there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in europe. this regulation should therefore build on recent developments in specific sectors , such as the code of conduct on agricultural data sharing by contractual agreement. sectoral legislation may be brought forward to address sector-specific needs and objectives. furthermore , the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. this would , for instance , involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment , or for instance , using such information to feed in larger databases on certain markets in the aggregate ( ,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. the user should be given the necessary technical interface to manage permissions , with granular permission options (such as “allow once” or “allow while using this app or service”) , including the prominent option to withdraw permission.


### (26) in contracts between a data holder and a consumer as a user of a product or related service generating data , directive 93/13/eec applies to the terms of the contract to ensure that a consumer is not subject to unfair contractual terms. for unfair contractual terms unilaterally imposed on a micro , small or medium-sized enterprise as defined in article 2 of the annex to recommendation 2003/361/ec63 , this regulation provides that such unfair terms should not be binding on that enterprise. ### (26) in contracts between a data holder and a consumer as a user of a product or related service generating data , eu consumer law applies , directive 2005/29/ec , which applies against unfair commercial practices , and directive 93/13/eec which applies to the terms of the contract to ensure that a consumer is not subject to unfair contractual terms. for unfair contractual terms unilaterally imposed on a micro , small or medium-sized enterprise as defined in article 2 of the annex to recommendation 2003/361/ec63 , this regulation provides that such unfair terms should not be binding on that enterprise.


### (33) in order to prevent the exploitation of users , third parties to whom data has been made available upon request of the user should only process the data for the purposes agreed with the user and share it with another third party only if this is necessary to provide the service requested by the user. ### (33) in order to prevent the exploitation of users , third parties to whom data has been made available upon request of the user should only process the data for the purposes agreed with the user and share it with another third party only if , as clearly unequivocally informed to the user in timely manner , this is necessary to provide the service requested by the user.


### (34) in line with the data minimisation principle , the third party should only access additional information that is necessary for the provision of the service requested by the user. having received access to data , the third party should process it exclusively for the purposes agreed with the user , without interference from the data holder. it should be as easy for the user to refuse or discontinue access by the third party to the data as it is for the user to authorise access. the third party should not coerce , deceive or manipulate the user in any way , by subverting or impairing the autonomy , decision-making or choices of the user , including by means of a digital interface with the user. in this context , third parties should not rely on so-called dark patterns in designing their digital interfaces. dark patterns are design techniques that push or deceive consumers into decisions that have negative consequences for them. these manipulative techniques can be used to persuade users , particularly vulnerable consumers , to engage in unwanted behaviours , and to deceive users by nudging them into decisions on data disclosure transactions or to unreasonably bias the decision-making of the users of the service , in a way that subverts and impairs their autonomy , decision-making and choice. common and legitimate commercial practices that are in compliance with union law should not in themselves be regarded as constituting dark patterns. third parties should comply with their obligations under relevant union law , in particular the requirements set out in directive 2005/29/ec , directive 2011/83/eu , directive 2000/31/ec and directive 98/6/ec. ### (34) in line with the data minimisation principle , the third party should only access additional information that is necessary for the provision of the service requested by the user. having received access to data , the third party should process it exclusively for the purposes agreed with the user , without interference from the data holder. it should be as easy for the user to refuse or discontinue access by the third party to the data as it is for the user to authorise access. data holder or the third party should not make the exercise of the rights or choices of users unduly difficult including by offering choices to users in a non-neutral manner , or coerce , deceive or manipulate the user in any way , by subverting or impairing the autonomy , decision-making or free choices of the user , including by means of a digital interface or a part thereof , including its structure , design , function or manner of operation. in this context , the data holders and third parties should not rely on so-called dark patterns in designing their digital interfaces. dark patterns are design techniques that push or deceive consumers into decisions that have negative consequences for them. these manipulative techniques can be used to persuade users , particularly vulnerable consumers , to engage in unwanted behaviours , and to deceive users by nudging them into decisions on data disclosure transactions or to unreasonably bias the decision-making of the users of the service , in a way that subverts and impairs their autonomy , decision-making and free choice. common and legitimate commercial practices that are in compliance with union law should not in themselves be regarded as constituting dark patterns. data holders and third parties should comply with their obligations under relevant union law , including the requirements set out in directive 2005/29/ec , directive 2011/83/eu , directive 2000/31/ec and directive 98/6/ec.


### (57) in case of public emergencies , such as public health emergencies , emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change , as well as human-induced major disasters , such as major cybersecurity incidents , the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. in such a case , data holders should be placed under an obligation to make the data available to public sector bodies or to union institutions , agencies or bodies upon their request. the existence of a public emergency is determined according to the respective procedures in the member states or of relevant international organisations. ### deleted


### (72) this regulation aims to facilitate switching between data processing services , which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service , to conclude one or multiple new contracts with different providers of data processing services , to port all its digital assets , including data , to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. digital assets refer to elements in digital format for which the customer has the right of use , including data , applications , virtual machines and other manifestations of virtualisation technologies , such as containers. functional equivalence means the maintenance of a minimum level of functionality of a service after switching , and should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) the same service type. meta-data , generated by the customer’s use of a service , should also be portable pursuant to this regulation’s provisions on switching. ### (72) this regulation aims to facilitate switching between data processing services , which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service , to conclude one or multiple new contracts with different providers of data processing services , to port all its digital assets , including data , to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. digital assets refer to elements in digital format for which the customer has the right of use , including data , applications , virtual machines and other manifestations of virtualisation technologies , such as containers. functional equivalence means the maintenance of a minimum level of functionality of a service after switching , and should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) the same service type. services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination services offer. this regulation doesn't instate an obligation of facilitating functional equivalence for data processing services of the paas and/or saas service delivery model. meta-data , generated by the customer’s use of a service , should also be portable pursuant to this regulation’s provisions on switching.


### (79) standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. in order to facilitate the conformity with the requirements for interoperability , it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council. the commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common european data spaces , application programming interfaces , cloud switching as well as smart contracts. additionally , common specifications in the different sectors could remain to be adopted , in accordance with union or national sectoral law , based on the specific needs of those sectors. reusable data structures and models (in form of core vocabularies) , ontologies , metadata application profile , reference data in the form of core vocabulary , taxonomies , code lists , authority tables , thesauri should also be part of the technical specifications for semantic interoperability. furthermore , the commission should be enabled to mandate the development of harmonised standards for the interoperability of data processing services. ### (79) standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. in order to facilitate the conformity with the requirements for interoperability , it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with regulation (eu) no 1025/2012 of the european parliament and of the council. these standards should be developed in open , technology neutral and inclusive way line with chapter ii of the regulation (eu) no 1025/2012. the commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common european data spaces , application programming interfaces , cloud switching as well as smart contracts. additionally , common specifications in the different sectors could remain to be adopted , in accordance with union or national sectoral law , based on the specific needs of those sectors. reusable data structures and models (in form of core vocabularies) , ontologies , metadata application profile , reference data in the form of core vocabulary , taxonomies , code lists , authority tables , thesauri should also be part of the technical specifications for semantic interoperability. furthermore , the commission should be enabled to mandate the development of harmonised standards for the interoperability of data processing services in consultation with the european data innovation board as outlined in the article 30 of the regulation (eu) no 2022/868.


### (82) in order to enforce their rights under this regulation , natural and legal persons should be entitled to seek redress for the infringements of their rights under this regulation by lodging complaints with competent authorities. those authorities should be obliged to cooperate to ensure the complaint is appropriately handled and resolved. in order to make use of the consumer protection cooperation network mechanism and to enable representative actions , this regulation amends the annexes to the regulation (eu) 2017/2394 of the european parliament and of the council68 and directive (eu) 2020/1828 of the european parliament and of the council69 . ### (82) in order to enforce their rights under this regulation , natural and legal persons should be entitled to seek redress for the infringements of their rights under this regulation by lodging complaints with competent authorities. those authorities should be obliged to cooperate to ensure the complaint is appropriately handled and resolved swiftly. in order to make use of the consumer protection cooperation network mechanism and to enable representative actions , this regulation amends the annexes to the regulation (eu) 2017/2394 of the european parliament and of the council68 and directive (eu) 2020/1828 of the european parliament and of the council69 .


### (3) ‘related service’ means a digital service , including software , which is incorporated in or inter-connected with a product in such a way that its absence would prevent the product from performing one of its functions; ### (3) ‘related service’ means a digital service , including software and firmware , which is incorporated in or inter-connected with a product in such a way that its absence would prevent the product from performing one of its functions;


### (5) ‘user’ means a natural or legal person that owns , rents or leases a product or receives a services; ### (5) ‘user’ means a natural or legal person , including a data subject , that owns , rents or leases a product or receives a related service;


### an exhaustive specification of all data and application categories exportable during the switching process , including , at minimum , all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided , including , but not limited to , configuration parameters , security settings , access rights and access logs to the service; ### an exhaustive specification of all data and application categories in a structured , machine readable form exportable during the switching process , including , at minimum , all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided , including , but not limited to , configuration parameters , security settings , access rights and access logs to the service;


### 2. before concluding a contract for the purchase , rent or lease of a product or a related service , at least the following information shall be provided to the user , in a clear and comprehensible format: ### 2. before concluding a contract for the purchase , rent or lease of a product or a related service , consumers should be presented with granular , meaningful consent options for data processing , within the meaning of article4 (11) of regulation (eu) 2016/679 , differentiating between data that is essential for the functioning of the product and a related and other types of data. in addition , at least the following information shall be provided to the user , in a timely , prominent and comprehensible and easily accessible format:


### whether the seller , renter or lessor is the data holder and , if not , the identity of the data holder , such as its trading name and the geographical address at which it is established; ### whether the seller , renter or lessor is the data holder and , if not , the identity of the data holder , such as its trading name , contact details and the geographical address at which it is established;


### 4. the user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product from which the data originate. ### 4. the user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product or related service from which the data originate.


### coerce , deceive or manipulate the user in any way , by subverting or impairing the autonomy , decision-making or choices of the user , including by means of a digital interface with the user; ### make the exercise of the rights or choices of users unduly difficult including by offering choices to the end-users in a non-neutral manner , or coerce , deceive or manipulate the user in any way , by subverting or impairing the autonomy , decision-making or choices of the user , including by means of a digital interface with the user or a part thereof , including its structure , design , function or manner of operation;


### coerce , deceive or manipulate the user in any way , by subverting or impairing the autonomy , decision-making or choices of the user , including by means of a digital interface with the user; ### make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a non-neutral manner , or coerce , deceive or manipulate the user in any way , or subvert or impair the autonomy , decision-making or choices of the user , including by means of a digital interface with the user or a part thereof , including its structure , design , function or manner of operation;


### make the data available it receives to another third party , in raw , aggregated or derived form , unless this is necessary to provide the service requested by the user; ### make the data it receives available to another third party , in raw , aggregated or derived form , unless this is necessary to provide the service requested by the user and after the user has explicitly been made aware of this in a clear , easily accessible and prominent way;


### make the data available it receives to another third party , in raw , aggregated or derived form , unless this is necessary to provide the service requested by the user; ### make the data available it receives to another third party , in raw , aggregated or derived form , unless this is necessary to provide the service requested by the user , and in any case upon explicit consent;


### 2. where this regulation refers to products or related services , such reference shall also be understood to include virtual assistants , insofar as they are used to access or control a product or related service. ### 2. where this regulation refers to products or related services , such reference shall also be understood to include virtual assistants or other software , insofar as they are used to access or control a product or related service.


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


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


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


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


### manufacturers of products and suppliers of related services placed on the market in the union and the users of such products or services; ### manufacturers of products and suppliers of related services placed on the market in the union and the union based users of such products or services;


### manufacturers of products and suppliers of related services placed on the market in the union and the users of such products or services; ### manufacturers of products and suppliers of related services placed on the market in the union , irrespective of their place of establishment , and the users of such products or services;


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


### (6) ‘data holder’ means a legal or natural person who has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , or in the case of non-personal data and through control of the technical design of the product and related services , the ability , to make available certain data; ### (6) ‘data holder’ means a legal or natural person who has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , or in the case of non-personal data and through control of the technical design of the product and related services , the ability , to make available certain data; when in possession of personal data , only a controller as defined by article 4.7 of regulation (eu) 2016/679 can be a ‘data holder’


### (16) ‘smart contract’ means a computer program stored in an electronic ledger system wherein the outcome of the execution of the program is recorded on the electronic ledger; ### (16) ‘smart contract’ means a computer program that runs on a blockchain. it is a collection of code and data that define its functions and state , it is not controlled by a user , instead it is deployed to the network and run as programmed. it is processed and stored on the blockchain , in a decentralised electronic ledger system wherein the outcome of the execution of the program is recorded as well;


### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. ### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. this should be done without endangering their functionality nor going against data security requirements from regulation 2016/679 , product regulations or technical standardisation


### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. ### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. products and related services should offer data subjects the possibility to use them anonymously and have their personal data and metadata encrypted by default.


### whether the manufacturer supplying the product or the service provider providing the related service intends to use the data itself or allow a third party to use the data and , if so , the purposes for which those data will be used; ### whether the manufacturer supplying the product or the service provider providing the related service can use the data itself or allow a third party to use the data and , if so , the purposes for which those data will be used;


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


### article 14 ### deleted


### article 15 ### deleted


### article 16 ### deleted


### article 17 ### deleted


### explain the purpose of the request , the intended use of the data requested , and the duration of that use; ### explain the purpose of the request , the choice of data providers , the intended use of the data requested , and the duration of that use;


### concern , insofar as possible , non-personal data; ### concern , insofar as possible , non-personal data; to the extent that personal data are requested , they shall be provided in an anonymised or aggregate form;


### 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 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. the third party shall not use the data it receives to develop a product or a service that competes with the product or service from which the accessed data originate , or share the data with another third party.


### article 18 ### deleted


### 1. a data holder receiving a request for access to data under this chapter shall make the data available to the requesting public sector body or a union institution , agency or body without undue delay. ### 1. a data holder receiving a request for access to data under this chapter shall make the data available to the requesting public sector body or a union institution , agency or body without undue delay , taking into account provision of time and necessary technical , organisational and legal measures.


### article 19 ### deleted


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


### article 20 ### deleted


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


### article 22 ### deleted


### 4. where the open interoperability specifications or european standards referred to in paragraph 3 do not exist for the service type concerned , the provider of data processing services shall , at the request of the customer , export all data generated or co-generated , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format. ### 4. where the open interoperability specifications or european standards referred to in paragraph 3 do not exist for the service type concerned , the provider of data processing services shall , at the request of the customer , export all data generated or co-generated , including the relevant data formats and data structures , in a structured , commonly used and machine-readable format. the exporting data processing service shall ensure that the customer , after switching to a service covering the same service type offered by a different provider of data processing services , can enjoy functional equivalence in the use of the new service.


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


### the addressee of the decision may ask the opinion of the relevant competent bodies or authorities , pursuant to this regulation , in order to determine whether these conditions are met , notably when it considers that the decision may relate to commercially sensitive data , or may impinge on national security or defence interests of the union or its member states. ### the addressee of the decision may ask the opinion of the commission , its bodies or relevant competent bodies or authorities , pursuant to this regulation , in order to determine whether these conditions are met , notably when it considers that the decision may relate to commercially sensitive data , or may impinge on national security or defence interests of the union or its member states.


### 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 an independent competent authority as responsible for the application and enforcement of this regulation and for ensuring and coordinating cooperation with other relevant authorities.


### for specific sectoral data exchange issues related to the implementation of this regulation , the competence of sectoral authorities shall be respected; ### for specific sectoral data exchange issues related to the implementation of this regulation , the competence of sectoral authorities shall be respected , including that of the competent authorities established under the common european data spaces;


### cooperating with competent authorities of other member states to ensure the consistent application of this regulation , including the exchange of all relevant information by electronic means , without undue delay; ### cooperating with competent authorities of other member states to ensure the consistent swift and effective application of this regulation , including the exchange of all relevant information by electronic means , in a timely manner without undue delay;


### 4. where a member state designates more than one competent authority , the competent authorities shall , in the exercise of the tasks and powers assigned to them under paragraph 3 of this article , cooperate with each other , including , as appropriate , with the supervisory authority responsible for monitoring the application of regulation (eu) 2016/679 , to ensure the consistent application of this regulation. in such cases , relevant member states shall designate a coordinating competent authority. ### deleted


### 6. when carrying out their tasks and exercising their powers in accordance with this regulation , the competent authorities shall remain free from any external influence , whether direct or indirect , and shall neither seek nor take instructions from any other public authority or any private party. ### 6. when carrying out their tasks and exercising their powers in accordance with this regulation , the competent authorities shall be independent and remain free from any external influence , whether direct or indirect , and shall neither seek nor take instructions from any other public authority or any private party.


### 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 to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. these non-binding contractual terms shall be openly freely available in easily usable electronic format.


### 3. individuals or organisations receiving the data pursuant to paragraph 1 shall comply with the provisions of article 17(3) and article 19. ### deleted


### 2. from [date x , the date of entry into force of the data act] until [date x+3yrs] , providers of data processing services may impose reduced charges on the customer for the switching process. ### 2. from [date x , the date of entry into force of the data act] until [date x+1yrs] , providers of data processing services may impose reduced charges on the customer for the switching process.


### technical aspects of switching ### technical aspects of switching and interoperability


### 2. for data processing services other than those covered by paragraph 1 , providers of data processing services shall make open interfaces publicly available and free of charge. ### 2. for data processing services other than those covered by paragraph 1 , providers of data processing services shall make open interfaces publicly available and free of charge for the purposes of portability and interoperability.


### the european data innovation board established under regulation [xxx – dga] shall advise and assist the commission in developing guidelines on the assessment of whether these conditions are met. ### the european data innovation board established under regulation (eu) 2022/868 shall advise and assist the commission in developing guidelines on the assessment of whether these conditions are met.


### operators of data spaces shall comply with , the following essential requirements to facilitate interoperability of data , data sharing mechanisms and services: ### operators within data spaces shall comply with , the following essential requirements applicable to the services offered by the operator , to facilitate interoperability of data , data sharing mechanisms and services:


### operators of data spaces shall comply with , the following essential requirements to facilitate interoperability of data , data sharing mechanisms and services: ### operators within data spaces shall comply with , the following essential requirements , applicable to the services offered by the operator , to facilitate interoperability of data , data sharing mechanisms and services:


### operators of data spaces shall comply with , the following essential requirements to facilitate interoperability of data , data sharing mechanisms and services: ### data holders and operators within data spaces shall comply with , the following essential requirements to facilitate interoperability of data , data sharing mechanisms and services:


### 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 shall be sufficiently described in a machine-readable format to allow the recipient to find , access and use the data;


### 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 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 , where that is necessary for the good functioning of the product or service and is technically feasible;