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)
Recital 104
(104) To promote the interoperability of tools for the automated execution of data sharing agreements, it is necessary to lay down essential requirements for smart contracts which professionals create for others or integrate in applications that support the implementation of agreements for data sharing. In order to facilitate the conformity of such smart contracts with those essential requirements, it is necessary to provide for a presumption of conformity of smart contracts that meet harmonised standards or parts thereof in accordance with European Standardisation Regulation. The notion of ‘smart contract’ in this Regulation is technologically neutral. Smart contracts can, for example, be connected to an electronic ledger. The essential requirements should apply only to the vendors of smart contracts, although not where they develop smart contracts in-house exclusively for internal use. The essential requirement to ensure that smart contracts can be interrupted and terminated implies mutual consent by the parties to the data sharing agreement. The applicability of the relevant rules of civil, contractual and consumer protection law to data sharing agreements remains or should remain unaffected by the use of smart contracts for the automated execution of such agreements.