Data Act - Glossary

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Connected Product

According to Article 2 (5) Data Act Connected Product means an item that obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection or on-device access, and whose primary function is not the storing, processing or transmission of data on behalf of any party other than the user.

Customer

According to Article 2 (30) Data Act Customer means a natural or legal person that has entered into a contractual relationship with a provider of data processing services with the objective of using one or more data processing services.

Data Egress Charges

According to Article 2 (35) Data Act Data Egress Charges means data transfer fees charged to customers for extracting their data through the network from the ICT infrastructure of a provider of data processing services to the system of a different provider or to on-premises ICT infrastructure.

Data Holder

Data Holder according to Article 2 (13) Data Act means a natural or legal person that has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation adopted in accordance with Union law, to use and make available data, including, where contractually agreed, product data or related service data which it has retrieved or generated during the provision of a related service.

Data Intermediation Service

According to Article 2 (10) Data Act Data Intermediation Service means data intermediation service as defined in Article 2, point (11), of Regulation (EU) 2022/868.

Data Processing Service

Data Processing Service according to Article 2 (8) Data Act means a digital service that is provided to a customer and that enables ubiquitous and on-demand network access to a shared pool of configurable, scalable and elastic computing resources of a centralised, distributed or highly distributed nature that can be rapidly provisioned and released with minimal management effort or service provider interaction.

Data Recipient

According to Article 2 (14) Data Act Data Recipient means a natural or legal person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the user of a connected product or related service, to whom the data holder makes data available, including a third party following a request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation adopted in accordance with Union law.

Digital Assets

Digital Assets according to Article 2 (32) Data Act means elements in digital form, including applications, for which the customer has the right of use, independently from the contractual relationship with the data processing service it intends to switch from.

Exportable Data

According to Article 2 (38) Data Act Exportable Data, for the purpose of Articles 23 to 31 and Article 35, means the input and output data, including metadata, directly or indirectly generated, or cogenerated, by the customer’s use of the data processing service, excluding any assets or data protected by intellectual property rights, or constituting a trade secret, of providers of data processing services or third parties.

Functional Equivalence

According to Article 2 (37) Data Act Functional Equivalence means re-establishing on the basis of the customer’s exportable data and digital assets, a minimum level of functionality in the environment of a new data processing service of the same service type after the switching process, where the destination data processing service delivers a materially comparable outcome in response to the same input for shared features supplied to the customer under the contract.

Harmonised Standard

According to Article 2 (43) Data Act Harmonised Standard means a harmonised standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012.

Making Available on the Market

According to Article 2 (21) Data Act Making Available on the Market means any supply of a connected product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

Metadata

Metadata according to Article 2 (2) Data Act means a structured description of the contents or the use of data facilitating the discovery or use of that data.

Microenterprise

Microenterprise according to Article 2 (26) Data Act means a microenterprise as defined in Article 2(3) of the Annex to Recommendation 2003/361/EC.

On-premises ICT Infrastructure

According to Article 2 (33) Data Act On-premises ICT Infrastructure means ICT infrastructure and computing resources owned, rented or leased by the customer, located in the data centre of the customer itself and operated by the customer or by a third-party.

Open Interoperability Specification

According to Article 2 (41) Data Act Open Interoperability Specification means a technical specification in the field of information and communication technologies which is performance oriented towards achieving interoperability between data processing services.

Placing on the Market

According to Article 2 (22) Data Act Placing on the Market means the first making available of a connected product on the Union market.

Processing

According to Article 2 (7) Data Act Processing means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or other means of making them available, alignment or combination, restriction, erasure or destruction.

Product Data

According to Article 2 (15) Data Act Product Data means data generated by the use of a connected product that the manufacturer designed to be retrievable, via an electronic communications service, physical connection or on-device access, by a user, data holder or a third party, including, where relevant, the manufacturer.

Readily Available Data

According to Article 2 (17) Data Act Readily Available Data means product data and related service data that a data holder lawfully obtains or can lawfully obtain from the connected product or related service, without disproportionate effort going beyond a simple operation.

Related Service

According to Article 2 (6) Data Act Related Service means a digital service, other than an electronic communications service, including software, which is connected with the product at the time of the purchase, rent or lease in such a way that its absence would prevent the connected product from performing one or more of its functions, or which is subsequently connected to the product by the manufacturer or a third party to add to, update or adapt the functions of the connected product.

Related Service Data

According to Article 2 (16) Data Act Related Service Data means data representing the digitisation of user actions or of events related to the connected product, recorded intentionally by the user or generated as a by-product of the user’s action during the provision of a related service by the provider.

Same Service Type

According to Article 2 (9) Data Act Same Service Type means a set of data processing services that share the same primary objective, data processing service model and main functionalities.

Small Enterprise

Small Enterprise according to Article 2 (25) Data Act means a small enterprise as defined in Article 2(2) of the Annex to Recommendation 2003/361/EC.

Switching

According to Article 2 (34) Data Act Switching means the process involving a source provider of data processing services, a customer of a data processing service and, where relevant, a destination provider of data processing services, whereby the customer of a data processing service changes from using one data processing service to using another data processing service of the same service type, or other service, offered by a different provider of data processing services, or to an on-premises ICT infrastructure, including through extracting, transforming and uploading the data.

Switching Charges

According to Article 2 (36) Data Act Switching Charges means charges, other than standard service fees or early termination penalties, imposed by a provider of data processing services on a customer for the actions mandated by this Regulation for switching to the system of a different provider or to on-premises ICT infrastructure, including data egress charges.

User

User according to Article 2 (12) Data Act means a natural or legal person that owns a connected product or to whom temporary rights to use that connected product have been contractually transferred, or that receives related services.