§ Data Act · Article 7
Data Act Article 7: Obligations, Deadlines & Penalties
At a glance
Article 7 of the Data Act imposes 3 obligations on medium-sized enterprise, microenterprise or small enterprise, provider.
§ Obligations
All obligations under Article 7
Obligation 1
The obligations of this Chapter shall not apply to data generated through the use of connected products or related services provided by microenterprises or small enterprises, provided they do not have a partner or linked enterprise that is not a micro/small enterprise and are not subcontracted for such activities.
Regulation (EU) 2023/2854, Article 7, Article 7
- Obligated entity
-
microenterprise or small enterprise
- Size threshold
- microenterprise or small enterprise
- Action required
-
exempt
- Deadline
-
—
- Penalty
-
—
- Exemptions
- microenterprises and small enterprises without non-micro/small partner/linked enterprises and not subcontracted for manufacturing/designing connected products or providing related services
Obligation 2
The obligations of this Chapter shall not apply to data generated through the use of connected products or related services provided by an enterprise that has qualified as a medium-sized enterprise for less than one year, or to connected products for one year after being placed on the market by a medium-sized enterprise.
Regulation (EU) 2023/2854, Article 7, Article 7
- Obligated entity
-
medium-sized enterprise
- Size threshold
- medium-sized enterprise
- Action required
-
exempt
- Deadline
-
—
- Penalty
-
—
- Exemptions
- medium-sized enterprises for less than one year after qualification, and connected products for one year after placement on the market by a medium-sized enterprise
Obligation 3
Any contractual term which, to the detriment of the user, excludes the application of, derogates from or varies the effect of the user’s rights under this Chapter shall not be binding on the user.
Regulation (EU) 2023/2854, Article 7, Article 7
- Obligated entity
-
provider
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 7
Who must comply with Article 7 of the Data Act?
+
medium-sized enterprise, microenterprise or small enterprise, provider.
What does Article 7 of the Data Act require?
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exempt prohibit