§ Data Act · Article 8
Data Act Article 8: Obligations, Deadlines & Penalties
At a glance
Article 8 of the Data Act imposes 7 obligations on data holder, data recipient. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 8
Obligation 1
A data holder shall agree with a data recipient the arrangements for making data available and shall do so under fair, reasonable and non-discriminatory terms and conditions and in a transparent manner.
Regulation (EU) 2023/2854, Article 8, Article 8
- Obligated entity
-
data holder
- Action required
-
agree
- Deadline
-
—
- Penalty
-
—
Obligation 2
A data holder shall not discriminate regarding the arrangements for making data available between comparable categories of data recipients, including partner enterprises or linked enterprises.
Regulation (EU) 2023/2854, Article 8, Article 8
- Obligated entity
-
data holder
- Action required
-
not discriminate
- Deadline
-
—
- Penalty
-
—
Obligation 3
Where a data recipient considers that the conditions under which data has been made available to it are discriminatory, the data holder shall without undue delay provide the data recipient, upon its reasoned request, with information showing that there has been no discrimination.
Regulation (EU) 2023/2854, Article 8, Article 8
- Obligated entity
-
data holder
- Action required
-
provide information
- Deadline
-
without undue delay
- Penalty
-
—
Obligation 4
A data holder shall not make data available to a data recipient, including on an exclusive basis, unless requested to do so by the user under Chapter II.
Regulation (EU) 2023/2854, Article 8, Article 8
- Obligated entity
-
data holder
- Action required
-
not make available
- Deadline
-
—
- Penalty
-
—
Obligation 5
Data holders and data recipients shall not be required to provide any information beyond what is necessary to verify compliance with the contractual terms agreed for making data available or with their obligations under this Regulation.
Regulation (EU) 2023/2854, Article 8, Article 8
- Obligated entity
-
data holder
- Action required
-
not provide
- Deadline
-
—
- Penalty
-
—
Obligation 6
Data holders and data recipients shall not be required to provide any information beyond what is necessary to verify compliance with the contractual terms agreed for making data available or with their obligations under this Regulation.
Regulation (EU) 2023/2854, Article 8, Article 8
- Obligated entity
-
data recipient
- Action required
-
not provide
- Deadline
-
—
- Penalty
-
—
Obligation 7
An obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets, unless otherwise provided for in Union law or national legislation.
Regulation (EU) 2023/2854, Article 8, Article 8
- Obligated entity
-
data holder
- Action required
-
not disclose
- Deadline
-
—
- Penalty
-
—
- Exemptions
- unless otherwise provided for in Union law or national legislation
§ Frequently asked
Questions about Article 8
Who must comply with Article 8 of the Data Act?
+
data holder, data recipient.
What does Article 8 of the Data Act require?
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agree not discriminate provide information
What is the compliance deadline for Data Act Article 8?
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without undue delay