Source: OJ L, 2023/2854, 22.12.2023Current language: EN
- Fair access to and use of data
Basic legislative acts
- Data act regulation
Article 34 Interoperability for the purposes of in-parallel use of data processing services
Summary What does Article 34 of the Data act regulation say?
Article 34 extends the switching and interoperability obligations already established in earlier articles of this regulation — specifically those covering switching processes, contracts, and interoperability standards — to also cover scenarios where a customer uses multiple data processing services simultaneously, rather than switching from one to another.
It is a relatively brief article that acts as a bridge, ensuring that the protections built around switching are not bypassed simply because a customer chooses to run services in parallel.
It also addresses the cost dimension of parallel use, setting a clear limit on what providers can charge for data egress in that context.
Important points:
- Providers of data processing services must comply with the key switching and interoperability obligations from Articles 23, 24, 25, and 30 even when customers are using their services in parallel with another provider, not just when switching.
- Data egress charges in a parallel-use scenario are permitted, but providers of data processing services may only charge up to the actual egress costs incurred — no margin or additional fees are allowed.
- This article does not create standalone obligations but applies existing ones to the parallel-use context, meaning compliance with those earlier articles is the foundation for compliance here.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The requirements laid down in Article 23, Article 24, Article 25(2), points (a)(ii), (a)(iv), (e) and (f) and Article 30(2) to (5) shall also apply mutatis mutandis to providers of data processing services to facilitate interoperability for the purposes of in-parallel use of data processing services.
Where a data processing service is being used in parallel with another data processing service, the providers of data processing services may impose data egress charges, but only for the purpose of passing on egress costs incurred, without exceeding such costs.
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.
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customer
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user
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data
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data processing service
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on-premises ICT infrastructure
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related service
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connected product
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related service data
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interoperability
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product data
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data holder
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processing
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data egress charges