Data Act Article 33: Obligations, Deadlines & Penalties

Participants in data spaces offering data or data services must sufficiently describe dataset content, use restrictions, licences, data collection methodology, data quality and uncertainty in a machine-readable format to allow recipients to find, access and use the data. Regulation (EU) 2023/2854, Article 33, Article 33

Participants in data spaces offering data or data services must describe data structures, data formats, vocabularies, classification schemes, taxonomies and code lists in a publicly available and consistent manner. Regulation (EU) 2023/2854, Article 33, Article 33

Participants in data spaces offering data or data services must sufficiently describe technical means to access data, such as APIs, and their terms of use and quality of service to enable automatic access and transmission of data. Regulation (EU) 2023/2854, Article 33, Article 33

Participants in data spaces offering data or data services must provide means to enable the interoperability of tools for automating the execution of data sharing agreements, such as smart contracts, where applicable. Regulation (EU) 2023/2854, Article 33, Article 33

The Commission is empowered to adopt delegated acts to further specify the essential requirements regarding interoperability laid down in paragraph 1. Regulation (EU) 2023/2854, Article 33, Article 33

The Commission shall take into account the advice of the EDIB when adopting delegated acts under this article. Regulation (EU) 2023/2854, Article 33, Article 33

The Commission shall request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements laid down in paragraph 1. Regulation (EU) 2023/2854, Article 33, Article 33

The Commission may adopt common specifications covering essential requirements if harmonised standards are not delivered, do not comply, or are not expected within a reasonable period. Regulation (EU) 2023/2854, Article 33, Article 33

Before preparing a draft implementing act for common specifications, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that the conditions have been fulfilled. Regulation (EU) 2023/2854, Article 33, Article 33

When preparing the draft implementing act for common specifications, the Commission shall take into account the advice of the EDIB and views of other relevant bodies and duly consult all relevant stakeholders. Regulation (EU) 2023/2854, Article 33, Article 33

The Commission shall assess harmonised standards proposed for publication in the Official Journal in accordance with Regulation (EU) No 1025/2012. Regulation (EU) 2023/2854, Article 33, Article 33

Where the reference of a harmonised standard is published in the Official Journal, the Commission shall repeal the implementing acts referred to in paragraph 5 that cover the same essential requirements. Regulation (EU) 2023/2854, Article 33, Article 33

If a Member State considers that a common specification does not entirely satisfy the essential requirements, it shall inform the Commission by submitting a detailed explanation. Regulation (EU) 2023/2854, Article 33, Article 33

The Commission shall assess the detailed explanation submitted by a Member State regarding common specifications and may amend the implementing act if appropriate. Regulation (EU) 2023/2854, Article 33, Article 33

The Commission may adopt guidelines taking into account the proposal of the EDIB regarding interoperable frameworks for common European data spaces. Regulation (EU) 2023/2854, Article 33, Article 33