§ Data Governance Act · Article 4

Data Governance Act Article 4: Obligations, Deadlines & Penalties

Regulation (EU) 2022/868, Article 4 · All obligations · Data Governance Act

At a glance

Article 4 of the Data Governance Act imposes 5 obligations on public sector bodies. At least one obligation carries an explicit compliance deadline.

§ Obligations

All obligations under Article 4

Obligation 1

Public sector bodies must not enter into agreements or practices that grant exclusive rights to re-use data or restrict its availability to other entities. Regulation (EU) 2022/868, Article 4, Article 4

Obligated entity: public sector bodies
Action required: prohibit
Deadline: —
Penalty: —

Obligation 2

If an exclusive right is granted for general interest services, it must be done through an administrative act or contract complying with transparency, equal treatment, and non-discrimination principles. Regulation (EU) 2022/868, Article 4, Article 4

Obligated entity: public sector bodies
Action required: grant
Deadline: —
Penalty: —

Obligation 3

The duration of any exclusive right to re-use data must not exceed 12 months, and any related contract must have the same duration. Regulation (EU) 2022/868, Article 4, Article 4

Obligated entity: public sector bodies
Action required: limit
Deadline: 12 months
Penalty: —

Obligation 4

The grant of an exclusive right, including the reasons for its necessity, must be made transparent and publicly available online in compliance with public procurement law. Regulation (EU) 2022/868, Article 4, Article 4

Obligated entity: public sector bodies
Action required: publish
Deadline: —
Penalty: —

Obligation 5

Agreements granting exclusive rights that do not meet the conditions for derogation and were concluded before 23 June 2022 must be terminated. Regulation (EU) 2022/868, Article 4, Article 4

Obligated entity: public sector bodies
Action required: terminate
Deadline: 24 December 2024
Penalty: —

§ Frequently asked

Questions about Article 4

Who must comply with Article 4 of the Data Governance Act? +

public sector bodies.

What does Article 4 of the Data Governance Act require? +

prohibit grant limit

What is the compliance deadline for Data Governance Act Article 4? +

12 months; 24 December 2024

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