Article 11 — Notification by Data Intermediation Service Providers

Legal Provision

Notification by data intermediation service providers: establishes the manner in which data intermediation providers must register before operating.

Scope

Applies to data intermediary services.

Requirement type

Duty: providers of data intermediation services must notify the competent authority before offering services and maintain up-to-date registration and transparency information.

Actions to demonstrate compliance

A. Binary (yes/no): if these elements are present, there is evidence towards demonstrating compliance.

• Submission of a notification to the competent authority
• Existence of a publicly available and up-to-date website containing the required provider information.
• Internal process for notifying authorities about changes to submitted information within the required timeframe.
• Recordkeeping of notifications, updates, and communications with competent authorities.
• Reporting any changes on the notified information to the competent authority within 14 days of the change.

B. Non-binary (require a contextual assessment): building on the binary actions, a contextual assessment of these points is required.

• Accuracy, completeness, and transparency of the information provided in notifications and public disclosures.
• Adequacy of organisational arrangements to maintain ongoing compliance across Member States.

Monitoring requirement

• Monitoring of the effectivity of the framework (e.g., registration, notification, transparency).

Consequences of non-compliance

• Penalty determined by Member State.