Data Act Article 5: Obligations, Deadlines & Penalties

Upon request by a user or their representative, the data holder shall make readily available data and relevant metadata available to a third party without undue delay, of the same quality, easily, securely, free of charge, in a structured format, and continuously where feasible. Regulation (EU) 2023/2854, Article 5, Article 5

Any undertaking designated as a gatekeeper shall not solicit or commercially incentivise a user to make data available to its services obtained pursuant to Article 4(1). Regulation (EU) 2023/2854, Article 5, Article 5

Any undertaking designated as a gatekeeper shall not solicit or commercially incentivise a user to request the data holder to make data available to its services pursuant to paragraph 1. Regulation (EU) 2023/2854, Article 5, Article 5

Any undertaking designated as a gatekeeper shall not receive data from a user that the user has obtained pursuant to a request under Article 4(1). Regulation (EU) 2023/2854, Article 5, Article 5

Data holders shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the access request and for security and maintenance of the data infrastructure. Regulation (EU) 2023/2854, Article 5, Article 5

The third party shall not use coercive means or abuse gaps in the technical infrastructure of a data holder designed to protect data in order to obtain access to data. Regulation (EU) 2023/2854, Article 5, Article 5

A data holder shall not use readily available data to derive insights about the economic situation, assets, production methods, or use by the third party in a manner that could undermine the third party's commercial position, unless permission is given. Regulation (EU) 2023/2854, Article 5, Article 5

Where the user is not the data subject, the data holder shall make personal data available to the third party only where there is a valid legal basis for processing under GDPR Article 6 and relevant conditions of Article 9 and Directive 2002/58/EC are fulfilled. Regulation (EU) 2023/2854, Article 5, Article 5

The data holder or trade secret holder shall identify data protected as trade secrets, including in metadata, and agree with the third party on proportionate technical and organisational measures to preserve confidentiality. Regulation (EU) 2023/2854, Article 5, Article 5

If there is no agreement on measures or the third party fails to implement them, the data holder may withhold or suspend sharing of trade secrets, provided the decision is duly substantiated and provided in writing to the third party without undue delay. Regulation (EU) 2023/2854, Article 5, Article 5

In cases of withholding or suspending data sharing due to trade secret issues, the data holder shall notify the competent authority designated pursuant to Article 37 that it has withheld or suspended data sharing and identify which measures have not been agreed or implemented. Regulation (EU) 2023/2854, Article 5, Article 5

Where a data holder refuses access to specific data due to high likelihood of serious economic damage from trade secret disclosure, it shall provide a duly substantiated demonstration in writing to the third party without undue delay. Regulation (EU) 2023/2854, Article 5, Article 5

Where the data holder refuses to share data pursuant to paragraph 11, it shall notify the competent authority designated pursuant to Article 37. Regulation (EU) 2023/2854, Article 5, Article 5