§ Data Governance Act · Article 11
Data Governance Act Article 11: Obligations, Deadlines & Penalties
At a glance
Article 11 of the Data Governance Act imposes 13 obligations on competent authority for data intermediation services, data intermediation services provider, legal representative. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 11
Obligation 1
Any data intermediation services provider who intends to provide data intermediation services shall submit a notification to the competent authority for data intermediation services.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
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data intermediation services provider
- Action required
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notify
- Deadline
-
—
- Penalty
-
—
Obligation 2
A data intermediation services provider not established in the Union but offering services within the Union shall designate a legal representative in one of the Member States where those services are offered.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
designate
- Deadline
-
—
- Penalty
-
—
Obligation 3
The legal representative shall be mandated by the data intermediation services provider to be addressed by competent authorities, data subjects, and data holders regarding all issues related to the data intermediation services provided.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
mandate
- Deadline
-
—
- Penalty
-
—
Obligation 4
The legal representative shall cooperate with and comprehensively demonstrate to the competent authorities, upon request, the actions taken and provisions put in place by the data intermediation services provider to ensure compliance.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
legal representative
- Action required
-
cooperate
- Deadline
-
upon request
- Penalty
-
—
Obligation 5
The notification shall include the name of the data intermediation services provider.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 6
The notification shall include the data intermediation services provider’s legal status, form, ownership structure, relevant subsidiaries, and registration number if registered in a public national register.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 7
The notification shall include the address of the main establishment in the Union, if any, and any secondary branch or legal representative.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 8
The notification shall include a public website where complete and up-to-date information on the provider and activities can be found, including specific details listed in points (a), (b), (c), and (f).
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 9
The notification shall include the data intermediation services provider’s contact persons and contact details.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 10
The notification shall include a description of the data intermediation service intended to be provided and an indication of the categories under which such service falls.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 11
The notification shall include the estimated date for starting the activity, if different from the date of the notification.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
data intermediation services provider
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 12
The competent authority for data intermediation services shall ensure that the notification procedure is non-discriminatory and does not distort competition.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
competent authority for data intermediation services
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 13
At the request of the data intermediation services provider, the competent authority shall issue a standardised declaration confirming the submission of the notification and that it contains the required information.
Regulation (EU) 2022/868, Article 11, Article 11
- Obligated entity
-
competent authority for data intermediation services
- Action required
-
issue
- Deadline
-
within one week of a duly and fully completed notification
- Penalty
-
—
§ Frequently asked
Questions about Article 11
Who must comply with Article 11 of the Data Governance Act?
+
competent authority for data intermediation services, data intermediation services provider, legal representative.
What does Article 11 of the Data Governance Act require?
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notify designate mandate
What is the compliance deadline for Data Governance Act Article 11?
+
upon request; within one week of a duly and fully completed notification