§ Data Governance Act · Article 12
Data Governance Act Article 12: Obligations, Deadlines & Penalties
At a glance
Article 12 of the Data Governance Act imposes 16 obligations on Commission, competent authority for data intermediation services, data intermediation services provider. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 12
Obligation 1
Data intermediation services providers recognised in the Union shall display the common logo clearly on every online and offline publication that relates to their data intermediation activities.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
display
- Deadline
-
—
- Penalty
-
—
Obligation 2
The competent authority for data intermediation services shall notify the Commission of each new notification by electronic means without delay.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
competent authority for data intermediation services
- Action required
-
notify
- Deadline
-
without delay
- Penalty
-
—
Obligation 3
The Commission shall keep and regularly update a public register of all data intermediation services providers providing their services in the Union.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
Commission
- Action required
-
keep and update
- Deadline
-
regularly
- Penalty
-
—
Obligation 4
The competent authority for data intermediation services may charge fees for the notification in accordance with national law, which shall be proportionate and objective and based on administrative costs.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
competent authority for data intermediation services
- Action required
-
charge fees
- Deadline
-
—
- Penalty
-
—
- Exemptions
- SMEs and start-ups may receive a discounted fee or waiver
Obligation 5
Data intermediation services providers shall notify the competent authority for data intermediation services of any changes to the information provided pursuant to paragraph 6 within 14 days of the date of the change.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
notify
- Deadline
-
within 14 days of the date of the change
- Penalty
-
—
Obligation 6
Where a data intermediation services provider ceases its activities, it shall notify the relevant competent authority for data intermediation services within 15 days.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
notify
- Deadline
-
within 15 days
- Penalty
-
—
Obligation 7
The competent authority for data intermediation services shall notify the Commission of each notification referred to in paragraphs 12 and 13 by electronic means without delay.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
competent authority for data intermediation services
- Action required
-
notify
- Deadline
-
without delay
- Penalty
-
—
Obligation 8
The Commission shall update the public register of the data intermediation services providers in the Union accordingly.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
Commission
- Action required
-
update
- Deadline
-
—
- Penalty
-
—
Obligation 9
The data intermediation services provider shall not use the data for which it provides data intermediation services for purposes other than to put them at the disposal of data users and shall provide data intermediation services through a separate legal person.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
refrain from using data for other purposes
- Deadline
-
—
- Penalty
-
—
Obligation 10
The commercial terms, including pricing, for the provision of data intermediation services to a data holder or data user shall not be dependent upon whether the data holder or data user uses other services provided by the same data intermediation services provider or by a related entity.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
ensure non-discriminatory pricing
- Deadline
-
—
- Penalty
-
—
Obligation 11
The data collected with respect to any activity of a natural or legal person for the purpose of the provision of the data intermediation service shall be used only for the development of that data intermediation service and shall be made available to the data holders upon request.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
limit data use and provide access
- Deadline
-
upon request
- Penalty
-
—
Obligation 12
The data intermediation services provider shall facilitate the exchange of the data in the format in which it receives it from a data subject or a data holder, shall convert the data into specific formats only to enhance interoperability or if requested, and shall offer an opt-out possibility regarding those conversions.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
facilitate exchange and offer opt-out
- Deadline
-
—
- Penalty
-
—
- Exemptions
- unless the conversion is mandated by Union law
Obligation 13
Additional specific tools and services offered to data holders or data subjects shall be used only at the explicit request or approval of the data holder or data subject and third-party tools offered in that context not being used for other purposes.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
limit tool usage
- Deadline
-
—
- Penalty
-
—
Obligation 14
The data intermediation services provider shall ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both data subjects and data holders, as well as for data users.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
ensure fair access
- Deadline
-
—
- Penalty
-
—
Obligation 15
The data intermediation services provider shall have procedures in place to prevent fraudulent or abusive practices in relation to parties seeking access through its data intermediation services.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
implement procedures
- Deadline
-
—
- Penalty
-
—
Obligation 16
The data intermediation services provider shall, in the event of its insolvency, ensure a reasonable continuity of the provision of its data intermediation services and have mechanisms in place to allow data holders and data users to obtain access to, to transfer or to retrieve their data.
Regulation (EU) 2022/868, Article 12, Article 12
- Obligated entity
-
data intermediation services provider
- Action required
-
ensure continuity and access mechanisms
- Deadline
-
in the event of insolvency
- Penalty
-
—
§ Frequently asked
Questions about Article 12
Who must comply with Article 12 of the Data Governance Act?
+
Commission, competent authority for data intermediation services, data intermediation services provider.
What does Article 12 of the Data Governance Act require?
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display notify keep and update
What is the compliance deadline for Data Governance Act Article 12?
+
in the event of insolvency; regularly; upon request; within 14 days of the date of the change; within 15 days; without delay