§ Data Act · Article 35

Data Act Article 35: Obligations, Deadlines & Penalties

Regulation (EU) 2023/2854, Article 35 · All obligations · Data Act
At a glance
Article 35 of the Data Act imposes 13 obligations on Commission, Member State, standardisation bodies.
§ Obligations

All obligations under Article 35

Obligation 1
Open interoperability specifications and harmonised standards shall achieve interoperability between different data processing services covering the same service type where technically feasible. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
achieve
Deadline
Penalty
Obligation 2
Open interoperability specifications and harmonised standards shall enhance portability of digital assets between different data processing services covering the same service type. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
enhance
Deadline
Penalty
Obligation 3
Open interoperability specifications and harmonised standards shall facilitate functional equivalence between different data processing services referred to in Article 30(1) covering the same service type where technically feasible. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
facilitate
Deadline
Penalty
Obligation 4
Open interoperability specifications and harmonised standards shall not have an adverse impact on the security and integrity of data processing services and data. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
ensure
Deadline
Penalty
Obligation 5
Open interoperability specifications and harmonised standards shall be designed to allow for technical advances and the inclusion of new functions and innovation in data processing services. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
design
Deadline
Penalty
Obligation 6
Open interoperability specifications and harmonised standards shall adequately address cloud interoperability aspects including transport, syntactic, semantic, behavioural, and policy interoperability. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
address
Deadline
Penalty
Obligation 7
Open interoperability specifications and harmonised standards shall adequately address cloud data portability aspects including syntactic, semantic, and policy portability. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
address
Deadline
Penalty
Obligation 8
Open interoperability specifications and harmonised standards shall adequately address cloud application aspects including syntactic, instruction, metadata, behaviour, and policy portability. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
address
Deadline
Penalty
Obligation 9
Open interoperability specifications shall comply with Annex II to Regulation (EU) No 1025/2012. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
standardisation bodies
Sector scope
data processing services
Action required
comply
Deadline
Penalty
Obligation 10
The Commission shall take into account the views of relevant competent authorities and other relevant bodies or expert groups and duly consult all relevant stakeholders when preparing the draft implementing act for common specifications. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
Commission
Sector scope
data processing services
Action required
consult
Deadline
Penalty
Obligation 11
A Member State shall inform the Commission by submitting a detailed explanation if it considers that a common specification does not entirely satisfy the essential requirements laid down in paragraphs 1 and 2. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
Member State
Sector scope
data processing services
Action required
notify
Deadline
Penalty
Obligation 12
The Commission shall assess the detailed explanation submitted by a Member State regarding a common specification and may amend the implementing act if appropriate. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
Commission
Sector scope
data processing services
Action required
assess
Deadline
Penalty
Obligation 13
The Commission shall publish the references of harmonised standards and common specifications for the interoperability of data processing services in a central Union standards repository. Regulation (EU) 2023/2854, Article 35, Article 35
Obligated entity
Commission
Sector scope
data processing services
Action required
publish
Deadline
Penalty
§ Frequently asked

Questions about Article 35

Who must comply with Article 35 of the Data Act? +
Commission, Member State, standardisation bodies.
What does Article 35 of the Data Act require? +
achieve enhance facilitate
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