§ Data Governance Act · Article 9
Data Governance Act Article 9: Obligations, Deadlines & Penalties
At a glance
Article 9 of the Data Governance Act imposes 3 obligations on Member States, competent public sector bodies or competent bodies. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 9
Obligation 1
Competent public sector bodies or competent bodies shall adopt a decision on the request for the re-use of data within two months of receipt, extendable by 30 days for complex requests.
Regulation (EU) 2022/868, Article 9, Article 9
- Obligated entity
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competent public sector bodies or competent bodies
- Action required
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adopt decision
- Deadline
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within two months of the date of receipt of the request
- Penalty
-
—
Obligation 2
If the decision period is extended due to complexity, the competent bodies shall notify the applicant as soon as possible that more time is needed, together with the reasons for the delay.
Regulation (EU) 2022/868, Article 9, Article 9
- Obligated entity
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competent public sector bodies or competent bodies
- Action required
-
notify
- Deadline
-
as soon as possible
- Penalty
-
—
Obligation 3
Member States shall lay down in national law an effective right of redress for persons affected by decisions, including review by an impartial body with binding decisions.
Regulation (EU) 2022/868, Article 9, Article 9
- Obligated entity
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Member States
- Action required
-
lay down in national law
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 9
Who must comply with Article 9 of the Data Governance Act?
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Member States, competent public sector bodies or competent bodies.
What does Article 9 of the Data Governance Act require?
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adopt decision notify lay down in national law
What is the compliance deadline for Data Governance Act Article 9?
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as soon as possible; within two months of the date of receipt of the request