EU Data Act · Chapter III · Obligations for Data Holders Obliged to Make Data Available Pursuant to Union Law
Article 8
Conditions under which data holders make data available to data recipients
Precise reading
Where a data holder is obliged (under Art. 5 or other Union/national law) to make data available to a recipient, it must do so on fair, reasonable, non-discriminatory and transparent terms, agreed with the recipient; discrimination between comparable recipients (including the holder's own partners) is prohibited; exclusivity arrangements frustrating user rights are barred.
A summary of the operative demand, not the statute.
Plain reading
FRAND comes to device data: when sharing is owed, the terms cannot be a second wall around the moat.
Paraphrase.
Facts
| Applies from | 12 September 2025 |
|---|---|
| Binds | Data Holder |
| Cross-references | Article 5, Article 9, Article 12 |
| On the trace | Stop 3, Cloud service |
| Rights that rest on it | Take-it-or-leave-it data clauses can't bind you. |
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.