Data Act Article 36: Obligations, Deadlines & Penalties

Ensure that smart contracts used for executing data sharing agreements comply with essential requirements regarding robustness, access control, safe termination, data archiving, and consistency with the agreement terms. Regulation (EU) 2023/2854, Article 36, Article 36

Perform a conformity assessment to fulfill the essential requirements laid down in paragraph 1 and issue an EU declaration of conformity upon fulfillment. Regulation (EU) 2023/2854, Article 36, Article 36

Issue an EU declaration of conformity upon fulfillment of the essential requirements laid down in paragraph 1. Regulation (EU) 2023/2854, Article 36, Article 36

Be responsible for compliance with the essential requirements laid down in paragraph 1 by drawing up the EU declaration of conformity. Regulation (EU) 2023/2854, Article 36, Article 36

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 36, Article 36

Adopt common specifications covering essential requirements via implementing acts if harmonised standards are not accepted, delivered, or compliant, and no reference is published. Regulation (EU) 2023/2854, Article 36, Article 36

Inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that the conditions for adopting common specifications have been fulfilled before preparing a draft implementing act. Regulation (EU) 2023/2854, Article 36, Article 36

Take into account the advice of the EDIB and views of other relevant bodies or expert groups and duly consult all relevant stakeholders when preparing the draft implementing act. Regulation (EU) 2023/2854, Article 36, Article 36

Assess the harmonised standard in accordance with Regulation (EU) No 1025/2012 when it is adopted by a European standardisation organisation and proposed for publication. Regulation (EU) 2023/2854, Article 36, Article 36

Repeal the implementing acts referred to in paragraph 6, or parts thereof, which cover the same essential requirements as those covered by a published harmonised standard. Regulation (EU) 2023/2854, Article 36, Article 36

Inform the Commission by submitting a detailed explanation if a Member State considers that a common specification does not entirely satisfy the essential requirements. Regulation (EU) 2023/2854, Article 36, Article 36

Assess the detailed explanation submitted by a Member State regarding common specifications and amend the implementing act if appropriate. Regulation (EU) 2023/2854, Article 36, Article 36