§ Data Act · Article 23

Data Act Article 23: Obligations, Deadlines & Penalties

Regulation (EU) 2023/2854, Article 23 · All obligations · Data Act
At a glance
Article 23 of the Data Act imposes 6 obligations on provider of data processing services.
§ Obligations

All obligations under Article 23

Obligation 1
Providers of data processing services shall take the measures provided for in Articles 25, 26, 27, 29 and 30 to enable customers to switch to a different provider or on-premises infrastructure. Regulation (EU) 2023/2854, Article 23, Article 23
Obligated entity
provider of data processing services
Action required
take measures
Deadline
Penalty
Obligation 2
Providers of data processing services shall not impose and shall remove pre-commercial, commercial, technical, contractual and organisational obstacles that inhibit customers from terminating contracts after the switching process. Regulation (EU) 2023/2854, Article 23, Article 23
Obligated entity
provider of data processing services
Action required
remove obstacles
Deadline
Penalty
Obligation 3
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from concluding new contracts with a different provider covering the same service type. Regulation (EU) 2023/2854, Article 23, Article 23
Obligated entity
provider of data processing services
Action required
remove obstacles
Deadline
Penalty
Obligation 4
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from porting exportable data and digital assets to a different provider or on-premises infrastructure. Regulation (EU) 2023/2854, Article 23, Article 23
Obligated entity
provider of data processing services
Action required
remove obstacles
Deadline
Penalty
Obligation 5
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from achieving functional equivalence in the use of the new data processing service. Regulation (EU) 2023/2854, Article 23, Article 23
Obligated entity
provider of data processing services
Action required
remove obstacles
Deadline
Penalty
Obligation 6
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from unbundling data processing services from other services, where technically feasible. Regulation (EU) 2023/2854, Article 23, Article 23
Obligated entity
provider of data processing services
Action required
remove obstacles
Deadline
Penalty
§ Frequently asked

Questions about Article 23

Who must comply with Article 23 of the Data Act? +
provider of data processing services.
What does Article 23 of the Data Act require? +
take measures remove obstacles
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