Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)

Source : EU law

Code/RS : 2023/2854

Abbreviation :
Data Act
Provision :
Art. 14
Short description :
Making data available to public sector bodies, the Commission, the European Central Bank and Union bodies on the basis of an exceptional need
Nature of the provision :
Obligation to make data available to a public sector body, the European Commission, the European Central Bank or an EU body demonstrates the existence of an exceptional need.
Status :
Transitional period Note: Applicable from 12 September 2025
Sector :
All

Legal text :

Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need, as set out in Article 15, to use certain data, including the relevant metadata necessary to interpret and use those data, to carry out its statutory duties in the public interest, data holders that are legal persons, other than public sectors bodies, which hold those data shall make them available upon a duly reasoned request.

Actor with an obligation to share data

Data holders that are legal persons, other than public sector bodies

Beneficiaries

A public sector body, the European Commission, the European Central Bank or an EU body demonstrates the existence of an exceptional need.

Linking criteria for Switzerland

Linking criteria for Switzerland

Financial aspects

Free of charge for the provision of data in accordance with Art. 15(1)(a) - except where data holders are microenterprises and small enterprises. Data holders may request public acknowledgement for making their data available. Data holders (including microenterprises and small enterprises) may require compensation for making data available in accordance with 15(1)(b). This compensation will cover technical and organisational costs (anonymisation, pseudonymisation, aggregation and technical adaptation costs, as well as a reasonable margin)

Binding and/or enforceable

Binding obligation; enforceable right

Conditions for accessing data

1. Request for the provision of data. 2. The existence of an exceptional need, in accordance with Art. 15. In short, there is only an exceptional need to use certain data in accordance with Article 15: 15(1)(a): where the data requested is necessary to respond to a public emergency and the data cannot be obtained by other means in a timely and efficient manner under equivalent conditions; 15(1)(b): in circumstances not covered by (a) and applicable only to non-personal data, where: - a body is acting on the basis of EU or national law and is prevented from fulfilling its mission in the public interest (e.g. recovery following a state of public emergency) because it does not have the requested data AND - the body in question has exhausted all other means at its disposal to obtain the data.

Exceptions and limitations

Exceptions applicable to obliged persons: Art. 15(1)(b) does not apply to microenterprises or small enterprises. Exceptions applicable to beneficiaries: Art. 16(2): The obligation to make data available on the basis of an exceptional need does not apply to public sector bodies, the European Commission, the European Central Bank or EU bodies carrying out activities relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. Restrictions on beneficiaries: Art. 19: A public sector body, the European Commission, the European Central Bank or an EU body must not: - use the data in a manner incompatible with the purpose for which it was requested; - use the data or insights about the economic situation, assets and production or operation methods of the data holder to develop or enhance a connected product or related service that competes with the connected product or related service of the data holder or share the data with another third party for such purposes.

Not specified

Format

No required format Note: The request to make data available must contain details of the data requested.

Plateform

n/a

Actor with an obligation to share data Data holders that are legal persons, other than public sector bodies

Beneficiaries A public sector body, the European Commission, the European Central Bank or an EU body demonstrates the existence of an exceptional need.

Linking criteria for Switzerland Art. 1(3): The obligation applies to: - Swiss data holders that make data available to data recipients in the EU.

Financial aspects Free of charge for the provision of data in accordance with Art. 15(1)(a) - except where data holders are microenterprises and small enterprises. Data holders may request public acknowledgement for making their data available. Data holders (including microenterprises and small enterprises) may require compensation for making data available in accordance with 15(1)(b). This compensation will cover technical and organisational costs (anonymisation, pseudonymisation, aggregation and technical adaptation costs, as well as a reasonable margin)

Binding and/or enforceable Binding obligation; enforceable right

Conditions for accessing data 1. Request for the provision of data. 2. The existence of an exceptional need, in accordance with Art. 15. In short, there is only an exceptional need to use certain data in accordance with Article 15: 15(1)(a): where the data requested is necessary to respond to a public emergency and the data cannot be obtained by other means in a timely and efficient manner under equivalent conditions; 15(1)(b): in circumstances not covered by (a) and applicable only to non-personal data, where: - a body is acting on the basis of EU or national law and is prevented from fulfilling its mission in the public interest (e.g. recovery following a state of public emergency) because it does not have the requested data AND - the body in question has exhausted all other means at its disposal to obtain the data.

Exceptions and limitations Exceptions applicable to obliged persons: Art. 15(1)(b) does not apply to microenterprises or small enterprises. Exceptions applicable to beneficiaries: Art. 16(2): The obligation to make data available on the basis of an exceptional need does not apply to public sector bodies, the European Commission, the European Central Bank or EU bodies carrying out activities relating to the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. Restrictions on beneficiaries: Art. 19: A public sector body, the European Commission, the European Central Bank or an EU body must not: - use the data in a manner incompatible with the purpose for which it was requested; - use the data or insights about the economic situation, assets and production or operation methods of the data holder to develop or enhance a connected product or related service that competes with the connected product or related service of the data holder or share the data with another third party for such purposes.

Time component Not specified

Format No required format Note: The request to make data available must contain details of the data requested.

Plateform n/a

Compilation and Disclaimer

This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law).

This index does not constitute legal advice, and no guarantee is given regarding its completeness.

Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.