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Data Act — Table of Contents

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Authorities across Member States cooperate on cross-border data requests and the authority in the holder's home state reviews such requests beforehand. This prevents forum-shopping and guarantees uniform, proportionate application of the exceptional-need provisions.

Art. 22 Data Act

Mutual assistance and cross-border cooperation

(1.)Public sector bodies, the Commission, the European Central Bank and Union bodies shall cooperate and assist one another, to implement this Chapter in a consistent manner.
(2.)Any data exchanged in the context of assistance requested and provided pursuant to paragraph 1 shall not be used in a manner incompatible with the purpose for which they were requested.
(3.)Where a public sector body intends to request data from a data holder established in another Member State, it shall first notify the competent authority designated pursuant to Article 37 in that Member State of that intention. This requirement shall also apply to requests by the Commission, the European Central Bank and Union bodies. The request shall be examined by the competent authority of the Member State where the data holder is established.
(4.)After having examined the request in light of the requirements laid down in Article 17, the relevant competent authority shall, without undue delay, take one of the following actions: (a) transmit the request to the data holder and, if applicable, advise the requesting public sector body, the Commission, the European Central Bank or the Union body of the need, if any, to cooperate with public sector bodies of the Member State in which the data holder is established with the aim of reducing the administrative burden on the data holder in complying with the request; (b) reject the request on duly substantiated grounds in accordance with this Chapter. The requesting public sector body, the Commission, the European Central Bank and the Union body shall take into account the advice of and the grounds provided by the relevant competent authority pursuant to the first subparagraph before taking any further action such as resubmitting the request, if applicable.
Source:
EUR-Lex CELEX 32023R2854
Citation:
OJ L 2023/2854, 22.12.2023
As of:
2023-12-22
Retrieved:
2026-04-21