European UnionData Act, In-Parallel Use of Cloud Services and Egress Charges (Article 34)
Regulation (EU) 2023/2854, Art. 34
In force since .
A switching and interoperability rule binding private bodies.
- Private right of action
- No
- Obligation class
- Prohibition
As of .
What it requires
- If your customers use your data processing service in parallel with another data processing service, apply to that in-parallel use the requirements of Article 23, Article 24, Article 25(2), points (a)(ii), (a)(iv), (e) and (f), and Article 30(2) to (5), with the changes the context requires (Art. 34(1)).
- Charge data egress for in-parallel use only to pass on the egress costs you incur, and never above those costs (Art. 34(2)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The competent authorities that each Member State designates to be responsible for the application and enforcement of the Regulation (Article 37(1)), which for Articles 23 to 31, 34 and 35 must have experience in the field of data and electronic communications services (Article 37(4), point (b)); an entity falls under the competence of the Member State where it is established (Article 37(10)).
Settledness
- As of
- Open questions
- Will the Digital Omnibus (procedure 2025/0360(COD)) be adopted with the Council mandate's Article 31(1a), which would excuse certain contracts concluded on or before from Article 34?
Also on the record
EEA status
- Status
- Pending
- Source link
- https://www.efta.int/eea-lex/32023r2854
What this law does
Article 34(1) applies the requirements of Article 23, Article 24, Article 25(2), points (a)(ii), (a)(iv), (e) and (f), and Article 30(2) to (5) to providers of data processing services mutatis mutandis to facilitate interoperability for the purposes of in-parallel use of data processing services. Article 34(2) lets a provider impose data egress charges for in-parallel use, but only to pass on egress costs incurred and without exceeding such costs.
Article 31(2) excludes the obligations of Chapter VI for a data processing service provided as a non-production version for testing and evaluation purposes and for a limited period of time. Article 40(1) leaves the rules on penalties for infringements of the Regulation to the Member States, which must make them effective, proportionate and dissuasive. Article 50 applies the Regulation from .
The Permanent Representatives Committee agreed the Council's mandate for negotiations with the European Parliament on the Digital Omnibus on . The Digital Omnibus text in that mandate would insert Article 31(1a), which would excuse from Chapter VI other than Article 29, and from Article 34, a data processing service, other than one within Article 30(1), adapted to the specific needs of the customer under a contract concluded before or on .
When LexLint raises it
When your app profile says your app provides cloud services.