Data Act Article 37: Obligations, Deadlines & Penalties

Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of this Regulation. Regulation (EU) 2023/2854, Article 37, Article 37

Where a Member State designates more than one competent authority, it shall designate a data coordinator from among them to facilitate cooperation and assist entities. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall cooperate with each other in the exercise of the tasks and powers assigned to them. Regulation (EU) 2023/2854, Article 37, Article 37

Member States shall ensure that the tasks and powers of the competent authorities are clearly defined and include promoting data literacy and awareness. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall handle complaints arising from alleged infringements, investigate them, and regularly inform complainants of progress and outcome within a reasonable period. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall conduct investigations into matters that concern the application of this Regulation. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall impose effective, proportionate and dissuasive financial penalties or initiate legal proceedings for the imposition of fines. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall monitor technological and relevant commercial developments of relevance for the making available and use of data. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall cooperate with competent authorities of other Member States and exchange all relevant information by electronic means without undue delay. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall cooperate with relevant competent authorities responsible for the implementation of other Union or national legal acts to ensure consistent enforcement. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall cooperate with relevant competent authorities to ensure that Articles 23 to 31 and Articles 34 and 35 are enforced consistently with other Union law. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall ensure that switching charges are withdrawn in accordance with Article 29. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall examine the requests for data made pursuant to Chapter V. Regulation (EU) 2023/2854, Article 37, Article 37

The data coordinator shall act as the single point of contact for all issues related to the application of this Regulation. Regulation (EU) 2023/2854, Article 37, Article 37

The data coordinator shall ensure the online public availability of requests to make data available made by public sector bodies in the case of exceptional need. Regulation (EU) 2023/2854, Article 37, Article 37

The data coordinator shall promote voluntary data sharing agreements between public sector bodies and data holders. Regulation (EU) 2023/2854, Article 37, Article 37

The data coordinator shall inform the Commission, on an annual basis, of the refusals notified under Article 4(2) and (8) and Article 5(11). Regulation (EU) 2023/2854, Article 37, Article 37

Member States shall notify the Commission of the names of the competent authorities and of their tasks and powers and, where applicable, the name of the data coordinator. Regulation (EU) 2023/2854, Article 37, Article 37

The Commission shall maintain a public register of the competent authorities and data coordinators. Regulation (EU) 2023/2854, Article 37, Article 37

Competent authorities shall remain impartial and free from any external influence, and shall neither seek nor take instructions for individual cases from any other public authority or private party. Regulation (EU) 2023/2854, Article 37, Article 37