Recitals The articles of the Data Act were adopted in consideration of the following recitals. (1)Purpose of the regulation(2)Barriers to free data flow(3)Digital capacities and skills(4)Direct and uniform application of the regulation(5)Ensuring fair data access and disclosure rights(6)Parties of data generation as well as access and usage rules(7)Protection of privacy within the scope of the Regulation(8)Technical and organizational measures with the purpose of data minimization(9)Additional contract law and maintaining consumer protection(10)Data transfer in law enforcement, security and tax law(11)EU requirements for product data and their physical conception(12)Accessibility requirements for products and services(13)Compliance with the protection of intellectual property(14)Coverage of connected products(15)Description of product data and related service data.(16)Collection of sensor data while protecting intellectual property(17)Ensuring the functionality of networked products(18)User rights and definitions(19)Promoting data competencies(20)Facilitate data availability and data portability(21)Data Access and User Management for Co-Users of Connected Products and Services(22)Design of Data Access and Use of Processor(23)Data Access for Virtual Assistents and Connected Products(24)Precontractual Transparency Obligation(25)Principle of contractual basis for data use(26)Right to commercialise non-personal data(27)Legislation Authorisation to address sector-specific needs and objectives(28)Consumer contracts and unfair contract terms(29)User Identification(30)Scope of data usage rights(31)Protection of confidential business information when sharing data with third parties(32)Innovation Efforts and Regulation of competition(33)Misuse of rights to gain a competitive advantage(34)Corresponding data protection regulations(35)Right to data portability and the regulation of costs(36)Protection of the integrity of end devices(37)Restriction on the purpose by a data use by third parties(38)Principle of data minimisation and ban on ‘dark patterns’ in digital interfaces(39)Profiling only if absolutely necessary for the provision of the service(40)Facilitation of data access for SMEs while limiting the rights of gatekeepers.(41)Exemptions and deadlines for SMEs for networked products(42)Harmonized rules for fair data access in the internal market(43)Freedom of contract for data provision conditions(44)Fair conditions for mandatory data access(45)Non-discrimination and accountability obligations in data provision contracts(46)Appropriate consideration for data transfer(47)Appropriate consideration for data access(48)Necessity of legal intervention(49)Cost protection for SMEs and research institutions(50)Mandatory consideration for the provision of data(51)Transparent calculation of the consideration(52)Dispute resolution bodies(53)Choice of dispute resolution body(54)Right of refusal of the dispute settlement body(55)Standardised application of the regulations(56)Fairness in dispute settlement procedures(57)Technical safeguards against abusive data access(58)Protection against unfair contractual clauses for data access(59)Principle of freedom of contract(60)Scope of the abuse test(61)Application of the abuse test(62)Dealing with the list of unfair clauses(63)Explanation of the concept of exceptional necessity(64)Definition of public emergencies(65)Requirements for exceptional necessity(66)Non-application areas of the regulation(67)Relationship of the regulation to other regulations and legal acts(68)Relationship of the regulation to areas of law enforcement / regulatory offences / tax and customs matters(69)Specific requirements for data requests from public bodies(70)Relationship between the obligation to provide data and other regulations/directives(71)Requirements for refusal and modification of data requests(72)Requirements for handling personal data(73)Purpose limitation and deletion requirement, transparency obligations(74)Further use of data(75)Requirements Granting of consideration to data subjects(76)Requirements for data transfer(77)Requirements for data requests in other member states(78)Facilitated switching and multi-provider use(79)Free Flow of Data Regulation, minimum regulatory obligations(80)Characteristics of data processing services(81)Categorisation and provision models(82)Ensuring data portability and minimising obstacles to switching(83)Digital Assets(84)Facilitating switching(85)Process and responsibilities when switching(86)Functional equivalence(87)Transitional period(88)Gradual abolition of exchange fees(89)Outsourcing of services(90)Interoperability(91)Change of data processing services themselves(92)Obligation of providers to provide support when switching(93)Obligations to remove obstacles to switching(94)Security when switching(95)Information obligations of providers(96)Promoting interoperability and migration through standard contractual clauses and EU regulations(97)switching between data processing service(98)Exceptions for customized data processing services(99)Improving interoperability and multi-cloud strategies in data processing(100)Development and implementation of cloud interoperability standards(101)Data access from third countries(102)Safeguards in terms of security, data protection and consumer protection(103)Interoperability and standardization in common European data spaces(104)Essential requirements for smart contracts(105)Conformity assessment for smart contracts(106)Obligations and Interoperability in Data Spaces(107)Cooperation of competent authorities for the enforcement of the Regulation(108)Redress and complaint options(109)Penalties and interim measures in the event of legal infringments(110)Role of the EDIB within EU data regulation and coordination(111)Model contractual clauses to promote fair data sharing(112)Non-applicability of the sui generis protection right(113)Powers of the Commission to adopt legal acts(114)Implementing powers of the Commission(115)Compliance with sector-specific regulations(116)Relation to Art. 101 and 102 TFEU(117)Date of Applicability of the Regulation(118)Consultation of the EDPO and EDPB(119)Compatibility of the regulation with Art. 5 TEU Data Act Table of contents Report error
