EU Data Act · Chapter III · Obligations for Data Holders Obliged to Make Data Available Pursuant to Union Law
Article 11
Technical protection measures on the unauthorised use or disclosure of data
Precise reading
Data holders may apply appropriate technical protection (including smart contracts, encryption) to enforce agreed conditions — but not to hinder the user's rights; unauthorised use or onward disclosure triggers deletion/destruction duties and possible compensation.
A summary of the operative demand, not the statute.
Plain reading
Protection is legitimate; protection-as-obstruction is not. The lock guards the agreement, never the exit.
Paraphrase.
Facts
| Applies from | 12 September 2025 |
|---|---|
| Binds | Data Holder, Third Party / Data Recipient |
| Cross-references | Article 4, Article 5, Article 6, Article 8 |
| On the trace | Stop 2, Server (head-end), Stop 3, Cloud service; alongside: Local AI |
| Rights that rest on it | None of the seven. |
The Regulation in the Official Journal · This article in the knowledge base
Not legal advice. This is the author’s own reading of the law, written to help facilities managers ask better questions. It has not been reviewed by a lawyer. For decisions, read the official text and take legal advice.