§ Data Act · Article 10
Data Act Article 10: Obligations, Deadlines & Penalties
At a glance
Article 10 of the Data Act imposes 11 obligations on Commission, Member State, data holder and 1 other entity type(s). At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 10
Obligation 1
Dispute settlement bodies shall make the fees, or the mechanisms used to determine the fees, known to the parties concerned before those parties request a decision.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
disclose
- Deadline
-
before parties request a decision
- Penalty
-
—
Obligation 2
Where the dispute settlement body decides a dispute in favour of the user or of the data recipient, the data holder shall bear all the fees charged by the dispute settlement body and shall reimburse that user or that data recipient for any other reasonable expenses incurred.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
data holder
- Action required
-
pay
- Deadline
-
upon decision in favour of user or data recipient
- Penalty
-
—
Obligation 3
Member States shall notify to the Commission the dispute settlement bodies certified in accordance with paragraph 5.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
Member State
- Action required
-
notify
- Deadline
-
—
- Penalty
-
—
Obligation 4
The Commission shall publish a list of those bodies on a dedicated website and keep it updated.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
Commission
- Action required
-
publish
- Deadline
-
—
- Penalty
-
—
Obligation 5
A dispute settlement body shall refuse to deal with a request to resolve a dispute that has already been brought before another dispute settlement body or before a court or tribunal of a Member State.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
refuse
- Deadline
-
—
- Penalty
-
—
Obligation 6
A dispute settlement body shall grant parties the possibility, within a reasonable period of time, to express their points of view on the matters those parties have brought before that body.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
grant
- Deadline
-
within a reasonable period of time
- Penalty
-
—
Obligation 7
Each party to a dispute shall be provided with the submissions of the other party to their dispute and any statements made by experts.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
provide
- Deadline
-
—
- Penalty
-
—
Obligation 8
The parties shall be given the possibility to comment on those submissions and statements.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
allow
- Deadline
-
—
- Penalty
-
—
Obligation 9
A dispute settlement body shall adopt its decision on a matter referred to it within 90 days of receipt of a request pursuant to paragraphs 1 and 4.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
adopt
- Deadline
-
within 90 days of receipt of a request
- Penalty
-
—
Obligation 10
That decision shall be in writing or on a durable medium and shall be supported by a statement of reasons.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
document
- Deadline
-
—
- Penalty
-
—
Obligation 11
Dispute settlement bodies shall draw up and make publicly available annual activity reports including aggregation of outcomes, average time taken, and common reasons for disputes.
Regulation (EU) 2023/2854, Article 10, Article 10
- Obligated entity
-
dispute settlement body
- Action required
-
report
- Deadline
-
annually
- Penalty
-
—
§ Frequently asked
Questions about Article 10
Who must comply with Article 10 of the Data Act?
+
Commission, Member State, data holder, dispute settlement body.
What does Article 10 of the Data Act require?
+
disclose pay notify
What is the compliance deadline for Data Act Article 10?
+
annually; before parties request a decision; upon decision in favour of user or data recipient; within 90 days of receipt of a request; within a reasonable period of time