Article 49

By 12 September 2028, the Commission shall carry out an evaluation of thischapters RegulationII, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

14. (ma)

    the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and very large enterprises;

On the basis of the reports referred to in paragraphs 1, and 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

14. (ma)

    the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and very large enterprises;

By 12 September 2028, the Commission shall carry out an evaluation of thischapters RegulationII, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

On the basis of the reports referred to in paragraphs 1, and 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.

By 12 September 2028, the Commission shall carry out an evaluation of thischapters RegulationII, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

On the basis of the reports referred to in paragraphs 1, and 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

By 12 September 2028, the Commission shall carry out an evaluation of thischapters RegulationII, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

On the basis of the reports referred to in paragraphs 1, and 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.

By 12 September 2028, the Commission shall carry out an evaluation of thischapters RegulationII, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

On the basis of the reports referred to in paragraphs 1, and 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.

By 12 September 2028, the Commission shall carry out an evaluation of thischapters RegulationII, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

On the basis of the reports referred to in paragraphs 1, and 2 and 2a, the Commission may, where appropriate, submit a legislative proposal to the European Parliament and to the Council to amend this Regulation.

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations(m)

    1. (m)

       the impact of this Regulation on consumer protection and fundamental rights, including the rights to privacy and the protection of personal data, non discrimination, access to information, and the effective remedy;

    2. (ma)

       the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and very large enterprises;

By 12 September 2028, the Commission shall carry out an evaluation of chaptersthis IIRegulation, III,in IV,particular V,the VI,changes VIIintroduced via [Regulation (EU)xx/xx Digital Omnibus], and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:’

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

By 12 September 2028 and every four years thereafter, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:'

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations.

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations’

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

14. (ma)

    the impact of this Regulation on consumer protection and fundamental rights, including the rights to privacy and the protection of personal data, non-discrimination, access to information, and to an effective remedy;

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

14. (mb)

    the impact of this Regulation on concentration of data access, control, and intermediation power, including the role of undertakings designated as gatekeepers under Regulation (EU) 2022/1925 and other very large enterprises;

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

14. (mc)

    the effectiveness of safeguards for mixed datasets, protected data, and data re-use under Chapter VIIc;

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

14. (md)

    the effectiveness of complaint, redress, supervision, and enforcement mechanisms, including cooperation with supervisory authorities established under Regulation (EU) 2016/679.’

By 12 September 2028, the Commission shall carry out an evaluation of chapters II, III, IV, V, VI, VII, and VIII and submit a report on its main findings to the European Parliament and to the Council, and to the European Economic and Social Committee. That evaluation shall assess, in particular:

1. (a)

   situations to be considered to be situations of exceptional need for the purpose of Article 15 of this Regulation and the application of Chapter V of this Regulation in practice, in particular the experience in the application of Chapter V of this Regulation by public sector bodies, the Commission, the European Central Bank and Union bodies; the number and outcome of the proceedings brought to the competent authority under Article 18(5) on the application of Chapter V of this Regulation, as reported by the competent authorities; the impact of other obligations laid down in Union or national law for the purposes of complying with requests for access to information; the impact of voluntary data-sharing mechanisms, such as those put in place by data altruism organisations recognised under Regulation (EU) 2022/868, on meeting the objectives of Chapter V of this Regulation, and the role of personal data in the context of Article 15 of this Regulation, including the evolution of privacy-enhancing technologies;

2. (b)

   the impact of this Regulation on the use of data in the economy, including on data innovation, data monetisation practices and data intermediation services, as well as on data sharing within the common European data spaces;

3. (c)

   the accessibility and use of different categories and types of data;

4. (d)

   the exclusion of certain categories of enterprises as beneficiaries under Article 5;

5. (e)

   the absence of any impact on intellectual property rights;

6. (f)

   the impact on trade secrets, including on the protection against their unlawful acquisition, use and disclosure, as well as the impact of the mechanism allowing the data holder to refuse the user’s request under Article 4(8) and Article 5(11), taking into account, to the extent possible, any revision of Directive (EU) 2016/943;

7. (g)

   whether the list of unfair contractual terms referred to in Article 13 is up-to-date in light of new business practices and the rapid pace of market innovation;

8. (h)

   changes in the contractual practices of providers of data processing services and whether this results in sufficient compliance with Article 25;

9. (i)

   the diminution of charges imposed by providers of data processing services for the switching process, in line with the gradual withdrawal of switching charges pursuant to Article 29;

10. (j)

    the interplay of this Regulation with other Union legal acts of relevance to the data economy;

11. (k)

    the prevention of unlawful governmental access to non-personal data;

12. (l)

    the efficacy of the enforcement regime required under Article 37;

13. (m)

    the impact of this Regulation on SMEs and SMCs with regard to their capacity to innovate and to the availability of data processing services for users in the Union and the burden of complying with new obligations

14. (n)

    the impact of competent authorities’ promotion of data literacy and awareness among users and entities falling within the scope of this Regulation of the rights and obligations under this Regulation.'

By [date = entry into force plus 5 years], the Commission shall carry out an evaluation of chapters VIIa, VIIb and VIIc of this Regulation and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. The report shall assess, in particular:

1. (a)

   the state of registrations of data intermediation services and the type of services they offer;

2. (b)

   the type of data altruism organisations registered and an overview of the objectives of general interests for which data are shared in view of establishing clear criteria in that respect;

3. (c)

   the scope and social and economic impact of Chapter VIIc Section 2 including (d) the extent of the increase in re-use of public sector documents to which Section 2 of Chapter VIIc applies, especially by SMEs;

4. (d)

   the extent of the increase in re-use of public sector documents to which Section 2 of Chapter VIIc applies, especially by SMEs and SMCs;

5. (e)

   the impact of the high-value datasets;

6. (f)

   the interaction between data protection rules and re-use possibilities;

7. (g)

   Member States shall provide the Commission with the Information necessary for the preparation of that report.