§ Data Governance Act · Article 26

Data Governance Act Article 26: Obligations, Deadlines & Penalties

Regulation (EU) 2022/868, Article 26 · All obligations · Data Governance Act

At a glance

Article 26 of the Data Governance Act imposes 8 obligations on Commission and competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations, Competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations, Member States and 1 other entity type(s). At least one obligation carries an explicit compliance deadline.

§ Obligations

All obligations under Article 26

Obligation 1

Competent authorities for data intermediation services and for the registration of data altruism organisations must be legally distinct from and functionally independent of any data intermediation services provider or recognised data altruism organisation. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Member States
Action required: ensure
Deadline: —
Penalty: —

Obligation 2

Competent authorities for data intermediation services and for the registration of data altruism organisations shall exercise their tasks in an impartial, transparent, consistent, reliable and timely manner. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations
Action required: exercise
Deadline: —
Penalty: —

Obligation 3

When exercising their tasks, competent authorities for data intermediation services and for the registration of data altruism organisations shall safeguard fair competition and non-discrimination. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations
Action required: safeguard
Deadline: —
Penalty: —

Obligation 4

Top-level management and personnel of competent authorities for data intermediation services and for the registration of data altruism organisations shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the services which they evaluate, nor the authorised representative of any of those parties. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Top-level management and personnel of competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations
Action required: refrain
Deadline: —
Penalty: —
Exemptions: Use of evaluated services necessary for operations or for personal purposes is permitted.

Obligation 5

Top-level management and personnel of competent authorities for data intermediation services and for the registration of data altruism organisations shall not engage in any activity that may conflict with their independence of judgment or integrity in relation to evaluation activities assigned to them. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Top-level management and personnel of competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations
Action required: refrain
Deadline: —
Penalty: —

Obligation 6

Competent authorities for data intermediation services and for the registration of data altruism organisations shall have at their disposal adequate financial and human resources, including necessary technical knowledge and resources, to carry out their tasks. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations
Action required: ensure
Deadline: —
Penalty: —

Obligation 7

Competent authorities for data intermediation services and for the registration of data altruism organisations shall provide the Commission and other Member States' competent authorities, on reasoned request and without delay, with the information necessary to carry out their tasks. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations
Action required: provide
Deadline: without delay
Penalty: —

Obligation 8

Where a competent authority considers requested information to be confidential, the Commission and other concerned competent authorities shall ensure such confidentiality. Regulation (EU) 2022/868, Article 26, Article 26

Obligated entity: Commission and competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations
Action required: ensure
Deadline: —
Penalty: —

§ Frequently asked

Questions about Article 26

Who must comply with Article 26 of the Data Governance Act? +

Commission and competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations, Competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations, Member States, Top-level management and personnel of competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations.

What does Article 26 of the Data Governance Act require? +

ensure exercise safeguard

What is the compliance deadline for Data Governance Act Article 26? +

without delay

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