Data Act — Recitals

All 119 recitals of the Data Act.

• Rec. 1In recent years, data-driven technologies have had transformative effects on all sectors of the economy. The proliferation of products conne…
• Rec. 2Barriers to data sharing prevent an optimal allocation of data for the benefit of society. Those barriers include a lack of incentives for d…
• Rec. 3In sectors characterised by the presence of microenterprises, small enterprises and medium-sized enterprises as defined in Article 2 of the …
• Rec. 4In order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data, it is necessa…
• Rec. 5This Regulation ensures that users of a connected product or related service in the Union can access, in a timely manner, the data generated…
• Rec. 6Data generation is the result of the actions of at least two actors, in particular the designer or manufacturer of a connected product, who …
• Rec. 7The fundamental right to the protection of personal data is safeguarded, in particular, by Regulations (EU) 2016/679and (EU) 2018/1725of the…
• Rec. 8The principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to…
• Rec. 9Unless otherwise provided for in this Regulation, it does not affect national contract law, including rules on the formation, validity or ef…
• Rec. 10This Regulation is without prejudice to Union and national legal acts providing for the sharing of, access to and the use of data for the pu…
• Rec. 11Union law establishing physical design and data requirements for products to be placed on the Union market should not be affected unless spe…
• Rec. 12This Regulation complements and is without prejudice to Union law aiming to establish accessibility requirements on certain products and ser…
• Rec. 13This Regulation is without prejudice to Union and national legal acts providing for the protection of intellectual property rights, includin…
• Rec. 14Connected products that obtain, generate or collect, by means of their components or operating systems, data concerning their performance, u…
• Rec. 15The data represent the digitisation of user actions and events and should accordingly be accessible to the user. The rules for access to and…
• Rec. 16This Regulation enables users of connected products to benefit from aftermarket, ancillary and other services based on data collected by sen…
• Rec. 17It is necessary to lay down rules regarding products that are connected to a related service at the time of the purchase, rent or lease in s…
• Rec. 18The user of a connected product should be understood to be a natural or legal person, such as a business, a consumer or a public sector body…
• Rec. 19Data literacy refers to the skills, knowledge and understanding that allows users, consumers and businesses, in particular SMEs falling with…
• Rec. 20In practice, not all data generated by connected products or related services are easily accessible to their users and there are often limit…
• Rec. 21Where several persons or entities are considered to be users, for example in the case of co-ownership or where an owner, renter or lessee sh…
• Rec. 22Connected products may be designed to make certain data directly accessible from on-device data storage or from a remote server to which the…
• Rec. 23Virtual assistants play an increasing role in digitising consumer and professional environments and serve as an easy-to-use interface to pla…
• Rec. 24Before concluding a contract for the purchase, rent, or lease of a connected product, the seller, rentor or lessor, which may be the manufac…
• Rec. 25This Regulation should not be understood to confer any new right on data holders to use product data or related service data. Where the manu…
• Rec. 26To foster the emergence of liquid, fair and efficient markets for non-personal data, users of connected products should be able to share dat…
• Rec. 27In sectors characterised by the concentration of a small number of manufacturers supplying connected products to end users, there may only b…
• Rec. 28In contracts between a data holder and a consumer as user of a connected product or related service generating data, Union consumer law, in …
• Rec. 29Data holders may require appropriate user identification to verify a user’s entitlement to access the data. In the case of personal data pro…
• Rec. 30The user should be free to use the data for any lawful purpose. This includes providing the data the user has received while exercising its …
• Rec. 31Directive (EU) 2016/943 of the European Parliament and of the Councilprovides that the acquisition, use or disclosure of a trade secret shal…
• Rec. 32The aim of this Regulation is not only to foster the development of new, innovative connected products or related services, stimulate innova…
• Rec. 33A third party to whom data is made available may be a natural or legal person, such as a consumer, an enterprise, a research organisation, a…
• Rec. 34The use of a connected product or related service may, in particular when the user is a natural person, generate data that relates to the da…
• Rec. 35Product data or related service data should only be made available to a third party at the request of the user. This Regulation complements …
• Rec. 36Access to any data stored in and accessed from terminal equipment is subject to Directive 2002/58/EC and requires the consent of the subscri…
• Rec. 37In order to prevent the exploitation of users, third parties to whom data has been made available at the request of the user should process …
• Rec. 38In line with the data minimisation principle, third parties should access only information that is necessary for the provision of the servic…
• Rec. 39Third parties should also refrain from using data falling within the scope of this Regulation to profile individuals unless such processing …
• Rec. 40Start-ups, small enterprises, enterprises that qualify as a medium-sized enterprises under Article 2 of the Annex to Recommendation 2003/361…
• Rec. 41Given the current state of technology, it would be overly burdensome on microenterprises and small enterprises to impose further design obli…
• Rec. 42Taking into account the variety of connected products producing data of different nature, volume and frequency, presenting different levels …
• Rec. 43On the basis of the principle of contractual freedom, parties should remain free to negotiate the precise conditions for making data availab…
• Rec. 44In order to ensure that the conditions for mandatory data access are fair for both parties to a contract, the general rules on data access r…
• Rec. 45Any agreement concluded in business-to-business relations for making data available should be non-discriminatory between comparable categori…
• Rec. 46In order to promote continued investment in generating and making available valuable data, including investments in relevant technical tools…
• Rec. 47First, reasonable compensation for meeting the obligation pursuant to Union law or national legislation adopted in accordance with Union law…
• Rec. 48It is not necessary to intervene in the case of data sharing between large enterprises, or where the data holder is a small enterprise or a …
• Rec. 49To protect SMEs from excessive economic burdens which would make it commercially too difficult for them to develop and run innovative busine…
• Rec. 50In duly justified cases, including where there is a need to safeguard consumer participation and competition or to promote innovation in cer…
• Rec. 51Transparency is an important principle for ensuring that the compensation requested by a data holder is reasonable, or, if the data recipien…
• Rec. 52Ensuring access to alternative ways of resolving domestic and cross-border disputes that arise in connection with making data available shou…
• Rec. 53The dispute settlement procedure under this Regulation is a voluntary procedure that enables users, data holders and data recipients to agre…
• Rec. 54To avoid cases in which two or more dispute settlement bodies are seized for the same dispute, in particular in a cross-border situation, a …
• Rec. 55In order to ensure the uniform application of this Regulation, the dispute settlement bodies should take into account the non-binding model …
• Rec. 56Parties to dispute settlement proceedings should not be prevented from exercising their fundamental rights to an effective remedy and a fair…
• Rec. 57Data holders may apply appropriate technical protection measures to prevent the unlawful disclosure of or access to data. However, those mea…
• Rec. 58Where one party is in a stronger bargaining position, there is a risk that that party could leverage such a position to the detriment of the…
• Rec. 59Rules on contractual terms should take into account the principle of contractual freedom as an essential concept in business-to-business rel…
• Rec. 60Furthermore, the rules on unfair contractual terms should apply only to those elements of a contract that are related to making data availab…
• Rec. 61Criteria for identifying unfair contractual terms should be applied only to excessive contractual terms where a stronger bargaining position…
• Rec. 62In order to ensure legal certainty, this Regulation establishes a list of clauses that are always considered unfair and a list of clauses th…
• Rec. 63In situations of exceptional need, it may be necessary for public sector bodies, the Commission, the European Central Bank or Union bodies t…
• Rec. 64In the case of public emergencies, such as public health emergencies, emergencies resulting from natural disasters including those aggravate…
• Rec. 65An exceptional need may also arise from non-emergency situations. In such cases, a public sector body, the Commission, the European Central …
• Rec. 66This Regulation should not apply to, or pre-empt, voluntary arrangements for the exchange of data between private and public entities, inclu…
• Rec. 67This Regulation complements and is without prejudice to the Union and national law providing for access to and the use of data for statistic…
• Rec. 68For the exercise of their tasks in the areas of prevention, investigation, detection or prosecution of criminal or administrative offences o…
• Rec. 69In accordance with Article 6(1) and (3) of Regulation (EU) 2016/679, a proportionate, limited and predictable framework at Union level is ne…
• Rec. 70The objective of the obligation to provide the data is to ensure that public sector bodies, the Commission, the European Central Bank or Uni…
• Rec. 71Data holders should have the possibility to either decline a request made by a public sector body, the Commission, the European Central Bank…
• Rec. 72In the case of an exceptional need related to a public emergency response, public sector bodies should use non-personal data wherever possib…
• Rec. 73Data made available to public sector bodies, the Commission, the European Central Bank or Union bodies on the basis of an exceptional need s…
• Rec. 74When reusing data provided by data holders, public sector bodies, the Commission, the European Central Bank or Union bodies should respect b…
• Rec. 75When the safeguarding of a significant public good is at stake, such as responding to public emergencies, the public sector body, the Commis…
• Rec. 76A public sector body, the Commission, the European Central Bank or a Union body should be entitled to share the data it has obtained pursuan…
• Rec. 77In order to handle a cross-border public emergency or another exceptional need, data requests may be addressed to data holders in Member Sta…
• Rec. 78The ability of customers of data processing services, including cloud and edge services, to switch from one data processing service to anoth…
• Rec. 79Regulation (EU) 2018/1807 of the European Parliament and of the Councilencourages providers of data processing services to develop and effec…
• Rec. 80Data processing services should cover services that allow ubiquitous and on-demand network access to a configurable, scalable and elastic sh…
• Rec. 81The generic conceptdata processing servicescovers a substantial number of services with a very broad range of different purposes, functional…
• Rec. 82Undermining the extraction of the exportable data that belongs to the customer from the source provider of data processing services can impe…
• Rec. 83Digital assets refer to elements in digital form for which the customer has the right of use, including applications and metadata related to…
• Rec. 84This Regulation aims to facilitate switching between data processing services, which encompasses conditions and actions that are necessary f…
• Rec. 85Switching is a customer-driven operation consisting of several steps, including data extraction, which refers to the downloading of data fro…
• Rec. 86Functional equivalence means re-establishing, on the basis of the customer’s exportable data and digital assets, a minimum level of function…
• Rec. 87Data processing services are used across sectors and vary in complexity and service type. This is an important consideration with regard to …
• Rec. 88Switching charges are charges imposed by providers of data processing services on the customers for the switching process. Typically, those …
• Rec. 89A source provider of data processing services should be able to outsource certain tasks and compensate third-party entities in order to comp…
• Rec. 90An ambitious and innovation-inspiring regulatory approach to interoperability is needed to overcome vendor lock-in, which undermines competi…
• Rec. 91Where providers of data processing services are in turn customers of data processing services provided by a third-party provider, they will …
• Rec. 92Providers of data processing services should be required to offer all the assistance and support within their capacity, proportionate to the…
• Rec. 93Providers of data processing services should also be required to remove existing obstacles and not impose new ones, including for customers …
• Rec. 94Throughout the switching process, a high level of security should be maintained. This means that the source provider of data processing serv…
• Rec. 95The information to be provided by providers of data processing services to the customer could support the customer’s exit strategy. That inf…
• Rec. 96To facilitate interoperability and switching between data processing services, users and providers of data processing services should consid…
• Rec. 97In order to facilitate switching between data processing services, all parties involved, including both source and destination providers of …
• Rec. 98Data processing services which concern services of which the majority of main features has been custom-built to respond to the specific dema…
• Rec. 99In line with the minimum requirement allowing switching between providers of data processing services, this Regulation also aims to improve …
• Rec. 100Open interoperability specifications and standards developed in accordance with Annex II to Regulation (EU) No 1025/2012 of the European Par…
• Rec. 101Third countries may adopt laws, regulations and other legal acts that aim to directly transfer or provide governmental access to non-persona…
• Rec. 102To foster further trust in data, it is important that safeguards to ensure control of their data by Union citizens, the public sector bodies…
• Rec. 103Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability within and am…
• Rec. 104To promote the interoperability of tools for the automated execution of data sharing agreements, it is necessary to lay down essential requi…
• Rec. 105To demonstrate fulfilment of the essential requirements of this Regulation, the vendor of a smart contract, or in the absence thereof, the p…
• Rec. 106Besides the obligation on professional developers of smart contracts to comply with essential requirements, it is also important to encourag…
• Rec. 107In order to ensure the application and enforcement of this Regulation, Member States should designate one or more competent authorities. If …
• Rec. 108In order to enforce their rights under this Regulation, natural and legal persons should be entitled to seek redress for infringements of th…
• Rec. 109Competent authorities should ensure that infringements of the obligations laid down in this Regulation are subject to penalties. Such penalt…
• Rec. 110The EDIB should advise and assist the Commission in coordinating national practices and policies on the topics covered by this Regulation as…
• Rec. 111In order to help enterprises to draft and negotiate contracts, the Commission should develop and recommend non-binding model contractual ter…
• Rec. 112In order to eliminate the risk that holders of data in databases obtained or generated by means of physical components, such as sensors, of …
• Rec. 113In order to take account of technical aspects of data processing services, the power to adopt acts in accordance with Article 290 TFEU shoul…
• Rec. 114In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission i…
• Rec. 115This Regulation should be without prejudice to rules addressing needs specific to individual sectors or areas of public interest. Such rules…
• Rec. 116This Regulation should not affect the application of the rules of competition, in particular Articles 101 and 102 TFEU. The measures provide…
• Rec. 117In order to allow actors within the scope of this Regulation to adapt to the new rules provided for herein, and to make the necessary techni…
• Rec. 118The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(1) and (2) of Re…
• Rec. 119Since the objectives of this Regulation, namely ensuring fairness in the allocation of value from data among actors in the data economy and …

Source: EUR-Lex CELEX 32023R2854