§ Data Governance Act · Article 5

Data Governance Act Article 5: Obligations, Deadlines & Penalties

Regulation (EU) 2022/868, Article 5 · All obligations · Data Governance Act
At a glance
Article 5 of the Data Governance Act imposes 19 obligations on Member State, public sector body, re-user. At least one obligation carries an explicit compliance deadline.
§ Obligations

All obligations under Article 5

Obligation 1
Public sector bodies shall make publicly available the conditions for allowing re-use and the procedure to request re-use via the single information point. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
publish
Deadline
—
Penalty
—
Obligation 2
Member States shall ensure that public sector bodies are equipped with the necessary resources to comply with this Article. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
Member State
Action required
ensure
Deadline
—
Penalty
—
Obligation 3
Conditions for re-use shall be non-discriminatory, transparent, proportionate and objectively justified, and shall not be used to restrict competition. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
ensure
Deadline
—
Penalty
—
Obligation 4
Public sector bodies shall ensure that the protected nature of data is preserved in accordance with Union and national law. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
ensure
Deadline
—
Penalty
—
Obligation 5
Public sector bodies may require that personal data has been anonymised before granting access for re-use. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
require
Deadline
—
Penalty
—
Obligation 6
Public sector bodies may require that commercially confidential information has been modified, aggregated or treated by any other method of disclosure control before granting access for re-use. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
require
Deadline
—
Penalty
—
Obligation 7
Public sector bodies may require re-users to access and re-use data remotely within a secure processing environment provided or controlled by the public sector body. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
require
Deadline
—
Penalty
—
Obligation 8
Public sector bodies may require re-users to access and re-use data within physical premises in accordance with high security standards if remote access jeopardises third-party rights. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
require
Deadline
—
Penalty
—
Obligation 9
Public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
impose
Deadline
—
Penalty
—
Obligation 10
The public sector body shall reserve the right to verify the process, means and results of data processing to preserve data protection integrity. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
reserve right
Deadline
—
Penalty
—
Obligation 11
The public sector body shall reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
reserve right
Deadline
—
Penalty
—
Obligation 12
The decision to prohibit the use of results shall be comprehensible and transparent to the re-user. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
ensure
Deadline
—
Penalty
—
Obligation 13
Unless national law provides specific safeguards, the public sector body shall make re-use conditional on the re-user's adherence to a confidentiality obligation prohibiting disclosure of information jeopardising third-party rights. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
condition
Deadline
—
Penalty
—
Exemptions
national law provides specific safeguards
Obligation 14
Re-users shall be prohibited from re-identifying any data subject to whom the data relates. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
re-user
Action required
prohibit
Deadline
—
Penalty
—
Obligation 15
Re-users shall take technical and operational measures to prevent re-identification. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
re-user
Action required
take measures
Deadline
—
Penalty
—
Obligation 16
Re-users shall notify any data breach resulting in the re-identification of data subjects to the public sector body. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
re-user
Action required
notify
Deadline
—
Penalty
—
Obligation 17
In the event of unauthorised re-use of non-personal data, the re-user shall, without delay, inform the legal persons whose rights and interests may be affected. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
re-user
Action required
inform
Deadline
without delay
Penalty
—
Obligation 18
Where re-use cannot be allowed under paragraphs 3 and 4 and there is no legal basis for transmission, the public sector body shall make best efforts to provide assistance to potential re-users in seeking consent or permission. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
assist
Deadline
—
Penalty
—
Exemptions
where it is feasible without a disproportionate burden
Obligation 19
Re-use of data shall be allowed only in compliance with intellectual property rights. Regulation (EU) 2022/868, Article 5, Article 5
Obligated entity
public sector body
Action required
ensure
Deadline
—
Penalty
—
§ Deadlines

Data Governance Act compliance deadlines

§ Frequently asked

Questions about Article 5

Who must comply with Article 5 of the Data Governance Act? +
Member State, public sector body, re-user.
What does Article 5 of the Data Governance Act require? +
publish ensure require
What is the compliance deadline for Data Governance Act Article 5? +
without delay
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