§ Data Act · Article 35
Data Act Article 35: Obligations, Deadlines & Penalties
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