§ Data Act · Article 22

Data Act Article 22: Obligations, Deadlines & Penalties

Regulation (EU) 2023/2854, Article 22 · All obligations · Data Act

At a glance

Article 22 of the Data Act imposes 8 obligations on Commission, European Central Bank, Union bodies and 4 other entity type(s). At least one obligation carries an explicit compliance deadline.

§ Obligations

All obligations under Article 22

Obligation 1

Public sector bodies, the Commission, the European Central Bank and Union bodies shall cooperate and assist one another to implement the Chapter in a consistent manner. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: public sector bodies, Commission, European Central Bank, Union bodies
Action required: cooperate
Deadline: —
Penalty: —

Obligation 2

Any data exchanged in the context of assistance requested and provided shall not be used in a manner incompatible with the purpose for which they were requested. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: recipient of exchanged data
Action required: restrict use
Deadline: —
Penalty: —

Obligation 3

Where a public sector body intends to request data from a data holder established in another Member State, it shall first notify the competent authority designated in that Member State of that intention. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: public sector body
Action required: notify
Deadline: before requesting data
Penalty: —

Obligation 4

The Commission, the European Central Bank and Union bodies shall notify the competent authority designated in the Member State where the data holder is established of their intention to request data. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: Commission, European Central Bank, Union bodies
Action required: notify
Deadline: before requesting data
Penalty: —

Obligation 5

The competent authority of the Member State where the data holder is established shall examine the request. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: competent authority
Action required: examine
Deadline: —
Penalty: —

Obligation 6

After examining the request, the relevant competent authority shall, without undue delay, transmit the request to the data holder and advise the requesting body if cooperation is needed to reduce administrative burden. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: competent authority
Action required: transmit
Deadline: without undue delay
Penalty: —

Obligation 7

After examining the request, the relevant competent authority shall, without undue delay, reject the request on duly substantiated grounds if applicable. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: competent authority
Action required: reject
Deadline: without undue delay
Penalty: —

Obligation 8

The requesting public sector body, the Commission, the European Central Bank and the Union body shall take into account the advice of and the grounds provided by the relevant competent authority before taking any further action. Regulation (EU) 2023/2854, Article 22, Article 22

Obligated entity: public sector body, Commission, European Central Bank, Union bodies
Action required: take into account
Deadline: before taking further action
Penalty: —

§ Frequently asked

Questions about Article 22

Who must comply with Article 22 of the Data Act? +

Commission, European Central Bank, Union bodies, competent authority, public sector bodies, public sector body, recipient of exchanged data.

What does Article 22 of the Data Act require? +

cooperate restrict use notify

What is the compliance deadline for Data Act Article 22? +

before requesting data; before taking further action; without undue delay

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