Source: OJ L, 2023/2854, 22.12.2023Current language: EN
- Fair access to and use of data
Basic legislative acts
- Data act regulation
Article 16 Relationship with other obligations to make data available to public sector bodies, the Commission, the European Central Bank and Union bodies
Summary What does Article 16 of the Data act regulation say?
This is a short but important carve-out article that defines the boundaries of Chapter V, which governs the exceptional circumstances under which public sector bodies can request data from private data holders.
Article 16 makes clear that Chapter V does not override or replace existing legal obligations, and that certain public authority activities fall entirely outside its scope.
Important points:
- Existing obligations under Union or national law for reporting, information access, or compliance verification are unaffected by Chapter V.
- Public sector bodies, the Commission, the European Central Bank, and Union bodies acting in the context of criminal or administrative law enforcement, customs, or taxation are excluded from Chapter V entirely.
- Chapter V also leaves untouched any Union or national law governing criminal or administrative offences, penalties, customs, and taxation administration.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
This Chapter shall not affect the obligations laid down in Union or national law for the purposes of reporting, complying with requests for access to information or demonstrating or verifying compliance with legal obligations.
This Chapter shall not apply to public sector bodies, the Commission, the European Central Bank or Union bodies carrying out activities for the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or to customs or taxation administration. This Chapter does not affect applicable Union and national law on the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administration.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
Union bodies
Definition
public sector body