§ Data Governance Act · Article 34

Data Governance Act Article 34: Obligations, Deadlines & Penalties

Regulation (EU) 2022/868, Article 34 · All obligations · Data Governance Act

At a glance

Article 34 of the Data Governance Act imposes 6 obligations on Member States. At least one obligation carries an explicit compliance deadline.

§ Obligations

All obligations under Article 34

Obligation 1

Member States shall lay down the rules on penalties applicable to infringements of specific obligations regarding data transfers, notifications, and registrations, ensuring they are effective, proportionate, and dissuasive. Regulation (EU) 2022/868, Article 34, Article 34

Obligated entity: Member States
Action required: lay down rules
Deadline: —
Penalty: —

Obligation 2

Member States shall take all measures necessary to ensure that the rules on penalties are implemented. Regulation (EU) 2022/868, Article 34, Article 34

Obligated entity: Member States
Action required: take measures
Deadline: —
Penalty: —

Obligation 3

In their rules on penalties, Member States shall take into account the recommendations of the European Data Innovation Board. Regulation (EU) 2022/868, Article 34, Article 34

Obligated entity: Member States
Action required: take into account
Deadline: —
Penalty: —

Obligation 4

Member States shall notify the Commission of the rules on penalties and the measures taken to ensure implementation by 24 September 2023. Regulation (EU) 2022/868, Article 34, Article 34

Obligated entity: Member States
Action required: notify
Deadline: 24 September 2023
Penalty: —

Obligation 5

Member States shall notify the Commission without delay of any subsequent amendment affecting the rules on penalties and measures. Regulation (EU) 2022/868, Article 34, Article 34

Obligated entity: Member States
Action required: notify
Deadline: without delay
Penalty: —

Obligation 6

Member States shall take into account non-exhaustive and indicative criteria, such as the nature, gravity, scale, and duration of the infringement, when imposing penalties on data intermediation services providers and recognised data altruism organisations. Regulation (EU) 2022/868, Article 34, Article 34

Obligated entity: Member States
Action required: take into account
Deadline: —
Penalty: —

§ Frequently asked

Questions about Article 34

Who must comply with Article 34 of the Data Governance Act? +

Member States.

What does Article 34 of the Data Governance Act require? +

lay down rules take measures take into account

What is the compliance deadline for Data Governance Act Article 34? +

24 September 2023; without delay

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