Art. 42 Role of the EDIB | Data act regulation | Data act

This article defines the role of the European Data Innovation Board (EDIB) in supporting the consistent application of the Data Act.

The EDIB, which was already established under a separate regulation (EU) 2022/868, is given a clear advisory and coordination function here, acting as a bridge between the Commission and competent authorities across Member States.

Its responsibilities span enforcement consistency, cross-border cooperation, and technical standard-setting guidance.

Important points:

The EDIB is responsible for advising the Commission on enforcement practices and assisting with the preparation of harmonised standards, implementing acts, delegated acts, and interoperability guidelines.
The EDIB facilitates cooperation between competent authorities, including through capacity-building, information exchange, and coordination on penalty-setting in cross-border cases.
Competent authorities are represented within the EDIB, ensuring national enforcement bodies have a voice in shaping consistent application of the regulation.

The EDIB established by the Commission as an expert group pursuant to Article 29 of Regulation (EU) 2022/868, in which competent authorities shall be represented, shall support the consistent application of this Regulation by:

advising and assisting the Commission with regard to developing consistent practice of competent authorities in the enforcement of Chapters II, III, V and VII;
facilitating cooperation between competent authorities through capacity-building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the enforcement of the rights and obligations under Chapters II, III and V in cross-border cases, including coordination with regard to the setting of penalties;
advising and assisting the Commission with regard to:
1. whether to request the drafting of harmonised standards referred to in Article 33(4), Article 35(4) and Article 36(5);
2. the preparation of the implementing acts referred to in Article 33(5), Article 35(5) and (8) and Article 36(6);
3. the preparation of the delegated acts referred to in Article 29(7) and Article 33(2); and
4. the adoption of the guidelines laying down interoperable frameworks for common standards and practices for the functioning of common European data spaces referred to in Article 33(11).