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DA.028 Ban on sharing

 

Art. 5 (2) Data Act (COM Proposal)

 

"Any undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper, pursuant to Article […] of [Regulation XXX on contestable and fair markets in the digital sector (Digital Markets Act), shall not be an eligible third party under this Article and therefore shall not: 73]

 

(a) solicit or commercially incentivise a user in any manner, including by providing monetary or any other compensation, to make data available to one of its services that the user has obtained pursuant to a request under Article 4(1);

 

(b) solicit or commercially incentivise a user to request the data holder to make data available to one of its services pursuant to paragraph 1 of this Article;

 

(c) receive data from a user that the user has obtained pursuant to a request under Article 4(1)."

 

 

Art. 6 (2) (d) Data Act (COM Proposal)

 

"The third party shall not:

 

[...]

 

(d) make the data available it receives to an undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper pursuant to Article […] of [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)];

 

[...]"

Authors
Winfried Veil
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Last update: 2022-03-19 13:32:20
By: Winfried Veil
Created at: 2022-02-22 15:56:17