Data Act
Table of Contents
Chapter I – GENERAL PROVISIONS
Chapter II – BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARING
Chapter III – OBLIGATIONS FOR DATA HOLDERS OBLIGED TO MAKE DATA AVAILABLE PURSUANT TO UNION LAW
Chapter IV – UNFAIR CONTRACTUAL TERMS RELATED TO DATA ACCESS AND USE BETWEEN ENTERPRISES
Chapter V – MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES, THE COMMISSION, THE EUROPEAN CENTRAL BANK AND UNION BODIES ON THE BASIS OF AN EXCEPTIONAL NEED
Chapter VI – SWITCHING BETWEEN DATA PROCESSING SERVICES
Chapter VII – UNLAWFUL INTERNATIONAL GOVERNMENTAL ACCESS AND TRANSFER OF NON-PERSONAL DATA
Chapter VIII – INTEROPERABILITY
Chapter IX – IMPLEMENTATION AND ENFORCEMENT
Chapter X – SUI GENERIS RIGHT UNDER DIRECTIVE 96/9/EC
Chapter XI – FINAL PROVISIONS
Recitals (119)
Chapter II – BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARING
Article 7
Scope of business-to-consumer and business-to-business data sharing obligations
1. The obligations of this Chapter shall not apply to data generated through the use of connected products manufactured or designed or related services provided by a microenterprise or a small enterprise, provided that that enterprise does not have a partner enterprise or a linked enterprise within the meaning of Article 3 of the Annex to SME Definition Recommendation that does not qualify as a microenterprise or a small enterprise and where the microenterprise and small enterprise is not subcontracted to manufacture or design a connected product or to provide a related service.
The same shall apply to data generated through the use of connected products manufactured by or related services provided by an enterprise that has qualified as a medium-sized enterprise under Article 2 of the Annex to SME Definition Recommendation for less than one year and to connected products for one year after the date on which they were placed on the market by a medium-sized enterprise.
2. Any contractual term which, to the detriment of the user, excludes the application of, derogates from or varies the effect of the user’s rights under this Chapter shall not be binding on the user.