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 65
(65) An exceptional need may also arise from non-emergency situations. In such cases, a public sector body, the Commission, the European Central Bank or a Union body should be allowed to request only non-personal data. The public sector body should demonstrate that the data are necessary for the fulfilment of a specific task carried out in the public interest that has been explicitly provided for by law, such as the production of official statistics or the mitigation of or recovery from a public emergency. In addition, such a request can be made only when the public sector body, the Commission, the European Central Bank or a Union body has identified specific data that could not otherwise be obtained in a timely and effective manner and under equivalent conditions and only if it has exhausted all other means at its disposal to obtain such data, such as obtaining the data through voluntary agreements, including purchasing of non-personal data on the market by offering market rates, or by relying on existing obligations to make data available or the adoption of new legislative measures which could guarantee the timely availability of data. The conditions and principles governing requests, such as those related to purpose limitation, proportionality, transparency and time limitation, should also apply. In cases of requests for data necessary for the production of official statistics, the requesting public sector body should also demonstrate whether the national law allows it to purchase non-personal data on the market.