{"id":1163,"date":"2024-01-29T16:47:57","date_gmt":"2024-01-29T16:47:57","guid":{"rendered":"https:\/\/nis2resources.eu\/?page_id=1163"},"modified":"2024-08-11T22:51:32","modified_gmt":"2024-08-11T22:51:32","slug":"article","status":"publish","type":"page","link":"https:\/\/nis2resources.eu\/regulation-2023-2854-data-act\/article\/","title":{"rendered":"Article 2 – Definitions"},"content":{"rendered":"\n

For the purposes of this Regulation, the following definitions apply:<\/p>\n\n\n\n

    \n
  1. \u2018data\u2019 means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording;<\/li>\n\n\n\n
  2. \u2018metadata\u2019 means a structured description of the contents or the use of data facilitating the discovery or use of that data;<\/li>\n\n\n\n
  3. \u2018personal data\u2019 means personal data as defined in Article 4, point (1), of Regulation (EU) 2016\/679;<\/li>\n\n\n\n
  4. \u2018non-personal data\u2019 means data other than personal data;<\/li>\n\n\n\n
  5. \u2018connected product\u2019 means an item that obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications serviceElectronic communications service<\/span> Means a service normally provided for remuneration via electronic communications networks, which encompasses, with the exception of services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, the following types of services:\r\r(a) \u2018internet access service\u2019 as defined in point (2) of the second paragraph of Article 2 of Regulation (EU) 2015\/2120;\r\r(b) interpersonal communications service; and\r\r(c) services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting.\r\r- Definition according Article 2, point (4), of Directive (EU) 2018\/1972<\/span><\/span><\/span>, physical connection or on-device access, and whose primary function is not the storing, processing or transmission of data on behalf of any party other than the user;<\/li>\n\n\n\n
  6. \u2018related service\u2019 means a digital serviceDigital service<\/span> means any Information Society service, that is to say, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.\r\rFor the purposes of this definition:\r\r(i) \u2018at a distance\u2019 means that the service is provided without the parties being simultaneously present;\r\r(ii) \u2018by electronic means\u2019 means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;\r\r(iii) \u2018at the individual request of a recipient of services\u2019 means that the service is provided through the transmission of data on individual request.\r\r- Definition according Article 1(1), point (b), of Directive (EU) 2015\/1535 of the European Parliament and of the Council<\/span><\/span><\/span>, other than an electronic communications service, including software, which is connected with the product at the time of the purchase, rent or lease in such a way that its absence would prevent the connected product from performing one or more of its functions, or which is subsequently connected to the product by the manufacturer or a third party to add to, update or adapt the functions of the connected product;<\/li>\n\n\n\n
  7. \u2018processing\u2019 means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or other means of making them available, alignment or combination, restriction, erasure or destruction;<\/li>\n\n\n\n
  8. \u2018data processing service\u2019 means a digital service that is provided to a customer and that enables ubiquitous and on-demand network access to a shared pool of configurable, scalable and elastic computing resources of a centralised, distributed or highly distributed nature that can be rapidly provisioned and released with minimal management effort or service provider interaction;<\/li>\n\n\n\n
  9. \u2018same service type\u2019 means a set of data processing services that share the same primary objective, data processing service model and main functionalities;<\/li>\n\n\n\n
  10. \u2018data intermediation service\u2019 means data intermediation service as defined in Article 2, point (11), of Regulation (EU) 2022\/868;<\/li>\n\n\n\n
  11. \u2018data subject\u2019 means data subject as referred to in Article 4, point (1), of Regulation (EU) 2016\/679;<\/li>\n\n\n\n
  12. \u2018user\u2019 means a natural or legal person that owns a connected product or to whom temporary rights to use that connected product have been contractually transferred, or that receives related services;<\/li>\n\n\n\n
  13. \u2018data holder\u2019 means a natural or legal person that has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation adopted in accordance with Union law, to use and make available data, including, where contractually agreed, product data or related service data which it has retrieved or generated during the provision of a related service;<\/li>\n\n\n\n
  14. \u2018data recipient\u2019 means a natural or legal person, acting for purposes which are related to that person\u2019s trade, business, craft or profession, other than the user of a connected product or related service, to whom the data holder makes data available, including a third party following a request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation adopted in accordance with Union law;<\/li>\n\n\n\n
  15. \u2018product data\u2019 means data generated by the use of a connected product that the manufacturer designed to be retrievable, via an electronic communications service, physical connection or on-device access, by a user, data holder or a third party, including, where relevant, the manufacturer;<\/li>\n\n\n\n
  16. \u2018related service data\u2019 means data representing the digitisation of user actions or of events related to the connected product, recorded intentionally by the user or generated as a by-product of the user\u2019s action during the provision of a related service by the provider;<\/li>\n\n\n\n
  17. \u2018readily available data\u2019 means product data and related service data that a data holder lawfully obtains or can lawfully obtain from the connected product or related service, without disproportionate effort going beyond a simple operation;<\/li>\n\n\n\n
  18. \u2018trade secret\u2019 means trade secret as defined in Article 2, point (1), of Directive (EU) 2016\/943;<\/li>\n\n\n\n
  19. \u2018trade secret holder\u2019 means a trade secret holder as defined in Article 2, point (2), of Directive (EU) 2016\/943;<\/li>\n\n\n\n
  20. \u2018profiling\u2019 means profiling as defined in Article 4, point (4), of Regulation (EU) 2016\/679;<\/li>\n\n\n\n
  21. \u2018making available on the market\u2019 means any supply of a connected product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;<\/li>\n\n\n\n
  22. \u2018placing on the market\u2019 means the first making available of a connected product on the Union market;<\/li>\n\n\n\n
  23. \u2018consumer\u2019 means any natural person who is acting for purposes which are outside that person\u2019s trade, business, craft or profession;<\/li>\n\n\n\n
  24. \u2018enterprise\u2019 means a natural or legal person that, in relation to contracts and practices covered by this Regulation, is acting for purposes which are related to that person\u2019s trade, business, craft or profession;<\/li>\n\n\n\n
  25. \u2018small enterprise\u2019 means a small enterprise as defined in Article 2(2) of the Annex to Recommendation 2003\/361\/EC;<\/li>\n\n\n\n
  26. \u2018microenterprise\u2019 means a microenterprise as defined in Article 2(3) of the Annex to Recommendation 2003\/361\/EC;<\/li>\n\n\n\n
  27. \u2018Union bodies\u2019 means the Union bodies, offices and agencies set up by or pursuant to acts adopted on the basis of the Treaty on European Union, the TFEU or the Treaty establishing the European Atomic Energy Community;<\/li>\n\n\n\n
  28. \u2018public sector body\u2019 means national, regional or local authorities of the Member States and bodies governed by public law of the Member States, or associations formed by one or more such authorities or one or more such bodies;<\/li>\n\n\n\n
  29. \u2018public emergency\u2019 means an exceptional situation, limited in time, such as a public health emergency, an emergency resulting from natural disasters, a human-induced major disaster, including a major cybersecurityCybersecurity<\/span> \u2018cybersecurity\u2019 means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019\/881;\r\r- Definition according Article 6 Directive (EU) 2022\/2555 (NIS2 Directive)<\/a>\r\r'cybersecurity\u2019 means the activities necessary to protect network and information systems, the users of such systems,\rand other persons affected by cyber threats;\r\r- Definition according Article 2, point (1), of Regulation (EU) 2019\/881;<\/span><\/span><\/span> incidentIncident<\/span> Means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems.\r\r- Definition according Article 6 Directive (EU) 2022\/2555 (NIS2 Directive)<\/a><\/span><\/span><\/span>, negatively affecting the population of the Union or the whole or part of a Member State, with a riskRisk<\/span> Means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident.\r\r- Definition according Article 6 Directive (EU) 2022\/2555 (NIS2 Directive)<\/a><\/span><\/span><\/span> of serious and lasting repercussions for living conditions or economic stability, financial stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State and which is determined or officially declared in accordance with the relevant procedures under Union or national law;<\/li>\n\n\n\n
  30. (30) \u2018customer\u2019 means a natural or legal person that has entered into a contractual relationship with a provider of data processing services with the objective of using one or more data processing services;<\/li>\n\n\n\n
  31. \u2018virtual assistants\u2019 means software that can process demands, tasks or questions including those based on audio, written input, gestures or motions, and that, based on those demands, tasks or questions, provides access to other services or controls the functions of connected products;<\/li>\n\n\n\n
  32. \u2018digital assets\u2019 means elements in digital form, including applications, for which the customer has the right of use, independently from the contractual relationship with the data processing service it intends to switch from;<\/li>\n\n\n\n
  33. \u2018on-premises ICT infrastructure\u2019 means ICT infrastructure and computing resources owned, rented or leased by the customer, located in the data centre of the customer itself and operated by the customer or by a third-party;<\/li>\n\n\n\n
  34. \u2018switching\u2019 means the process involving a source provider of data processing services, a customer of a data processing service and, where relevant, a destination provider of data processing services, whereby the customer of a data processing service changes from using one data processing service to using another data processing service of the same service type, or other service, offered by a different provider of data processing services, or to an on-premises ICT infrastructure, including through extracting, transforming and uploading the data;<\/li>\n\n\n\n
  35. \u2018data egress charges\u2019 means data transfer fees charged to customers for extracting their data through the network from the ICT infrastructure of a provider of data processing services to the system of a different provider or to on-premises ICT infrastructure;<\/li>\n\n\n\n
  36. \u2018switching charges\u2019 means charges, other than standardStandard<\/span> Means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:\r(a) \u2018international standard\u2019 means a standard adopted by an international standardisation body;\r\r(b) \u2018European standard\u2019 means a standard adopted by a European standardisation organisation;\r\r(c) \u2018harmonised standard\u2019 means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation;\r\r(d) \u2018national standard\u2019 means a standard adopted by a national standardisation body\r\r- Definition according Article 2, point (1), ofRegulation (EU) No 1025\/2012 of the European Parliament and of the Council.<\/span><\/span><\/span> service fees or early termination penalties, imposed by a provider of data processing services on a customer for the actions mandated by this Regulation for switching to the system of a different provider or to on-premises ICT infrastructure, including data egress charges;<\/li>\n\n\n\n
  37. \u2018functional equivalence\u2019 means re-establishing on the basis of the customer\u2019s exportable data and digital assets, a minimum level of functionality in the environment of a new data processing service of the same service type after the switching process, where the destination data processing service delivers a materially comparable outcome in response to the same input for shared features supplied to the customer under the contract;<\/li>\n\n\n\n
  38. \u2018exportable data\u2019, for the purpose of Articles 23 to 31 and Article 35, means the input and output data, including metadata, directly or indirectly generated, or cogenerated, by the customer\u2019s use of the data processing service, excluding any assets or data protected by intellectual property rights, or constituting a trade secret, of providers of data processing services or third parties;<\/li>\n\n\n\n
  39. \u2018smart contract\u2019 means a computer program used for the automated execution of an agreement or part thereof, using a sequence of electronic data records and ensuring their integrity and the accuracy of their chronological ordering;<\/li>\n\n\n\n
  40. \u2018interoperability\u2019 means the ability of two or more data spaces or communication networks, systems, connected products, applications, data processing services or components to exchange and use data in order to perform their functions;<\/li>\n\n\n\n
  41. open interoperability specification\u2019 means a technical specificationTechnical specification<\/span> Means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following:\r\ra) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;\r\r(b) production methods and processes used in respect of agricultural products as defined in Article 38(1) TFEU, products intended for human and animal consumption, and medicinal products, as well as production methods and processes relating to other products, where these have an effect on their characteristics;\r\r(c) the characteristics required of a service including levels of quality, performance, interoperability, environmental protection, health or safety, and including the requirements applicable to the provider as regards the information to be made available to the recipient, as specified in Article 22(1) to (3) of Directive 2006\/123\/EC;\r\r(d) the methods and the criteria for assessing the performance of construction products, as defined in point 1 of Article 2 of Regulation (EU) No 305\/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products, in relation to their essential characteristics;\r\r- Definition according Article 2, point (1), ofRegulation (EU) No 1025\/2012 of the European Parliament and of the Council.<\/span><\/span><\/span> in the field of information and communication technologies which is performance oriented towards achieving interoperability between data processing services;<\/li>\n\n\n\n
  42. \u2018common specifications\u2019 means a document, other than a standard, containing technical solutions providing a means to comply with certain requirements and obligations established under this Regulation;<\/li>\n\n\n\n
  43. \u2018harmonised standard\u2019 means a harmonised standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025\/2012.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    For the purposes of this Regulation, the following definitions apply:<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":1156,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_gspb_post_css":".gspb_container-id-gsbp-08edf4d{flex-direction:column;box-sizing:border-box}#gspb_container-id-gsbp-08edf4d.gspb_container>p:last-of-type,#gspb_container-id-gsbp-318027b.gspb_container>p:last-of-type{margin-bottom:0}body.gspb-bodyfront #gspb_container-id-gsbp-08edf4d.gspb_container{z-index:3}#gspb_container-id-gsbp-08edf4d.gspb_container{margin-bottom:-100px;padding:60px}@media (max-width:991.98px){#gspb_container-id-gsbp-08edf4d.gspb_container{padding:50px}}@media 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