Data is a non -competitive product，It can be consumed over and over again，However, there is no risk of reduced quality or supply depletion。To promote the digital transformation of Europe in 2030，Create a single data market，EU Commission after the Data Governance Act，On February 23, 2022, the Data ACT draft (hereinafter referred to as the "Data Act")，It aims to solve the law that leads to insufficient data use、Economy、Technical Questions，Make sure that more extensive stakeholders control the data，Maximize the value of data in the market economy。The bill makes up for the bias of the Data Governance Act，Based on the EU's "General Data Protection Regulations" (hereinafter referred to as the "GDPR Regulations")，Provides more wider rules suitable for all data。

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Over the years，EU's public sector has a large amount of uninterrupted data，Failure to be effectively used by the private subject。At the same time，The EU believes that the public sector also needs to use the data controlled by the private subject，to improve its management level and efficiency。The new "Data Act" clearly stipulates，As far as the rights of the public sector use the data subject，Special or emergency public events，Such as public health incidents、Environmental degradation and major natural disasters，and a major disaster caused by artificially，If major network security events，At this time, the requirements of the public sector，Data holders are obliged to provide data required to the public sector。

As far as the constraints of the data subject of the public department，It mainly includes four aspects: First, the public sector must not prevent it for prevention、Investigation、Investigation or sued bet365 Play online games criminal and administrative crime、Purchase of criminal or administrative penalties and taxes or customs purposes，Requires data holders to provide data based on the Data Act。Second, the public sector should ensure that the administrative burden of data holders provided data to the maximum is to maximize the data holder，The request to provide data should be based on one principle。The request of the public sector must be clear、Appropriate speech expression，Respect the legal interests of data holders，Take into account business secret protection，and avoid using personal data as much as possible。，In the purpose of data use、Public sector continues to share data、Personal data processing and business secret disclosure also increased restrictions。Third, the data provided by the public sector according to special needs can only be used for the required purpose，Unless the data holder clearly agrees to use the data for other purposes。Unless there is an agreement，Once you do not need these data, it should be destroyed，notify the data holder。Fourth, data holders frequently respond to special needs outside the public emergency，I have the right to get reasonable compensation，Compensation should not exceed the technical and organizational costs generated to meet the request，and reasonable compensation obtained by providing data to the public sector。

　　Clarify the data holder and receiverRights and obligations

The rights and obligations that data holders and receivers need to perform，The Data Act also made a clear specification，mainly includes the following two aspects。

One，For data holders' rights and obligations for users，The Data Act stipulates that users of products or services have the right to access、Use and share data from third parties for using products or services，It guarantees the rights and interests of users enjoying their data。First，Data holders must provide Bet365 app download users with generated data，No delay or charging for no reason，Conditions should be continuous when allowed、Provide in real time，and guarantee that the quality of the data is the same as the quality of the data holder itself。Second，Data holder uses data，It must sign a contract with its users，Data holders should not use data to use the way of commercial status in the market。The bill also sets a strict time limit for data service providers，That is to assist users to complete migration during the longest transition period of 30 days，It really has difficulty，You need to notify the user within 7 days，Detailed reasons for the inevitable technology，and provide alternative schemes in less than 6 months。Last，Data holders must also provide data to third parties in accordance with the requirements of users (maybe competitive companies)。For example，Data sharing allows users to find a third party to repair the link products，to support the after -sales market。The third parties receiving must be subject to multiple restrictions，If the purpose is limited、Continue to share restrictions、Data deletion、Bid for Competition/Elementary Requirements and Data Protection Compliance。In view of the consideration of other major legislative development goals in the European Union，If a third party or its group members constitute the door of the EU "Digital Market Act"，Then the third party is not qualified to receive this kind of information。

Its two，For data holders' rights and obligations to data receivers，According to the 2017 research survey report on the European data trading market，The EU Council realizes that a major obstacle to data circulation between enterprises is that data holders with stronger negotiation capabilities may unilaterally apply unfair trading conditions，Therefore, it may lead to difficulties in data circulation.、The cost is high，It may also make bet365 Play online games companies with competitive advantages use data barriers to prevent new participants from entering the market。Therefore, the "Data Act" stipulates that data holders must be fair、Reasonable、Under the condition of non -discrimination，Complete the data sharing in a transparent manner。Data holders can take appropriate technical protection measures，Including smart contracts，To prevent unauthorized access data，Make sure to abide by the "Data Act" 5、6、9 and 10 regulations, as well。Data receivers provide inaccurate or false information，Obvious vulnerabilities in the technical infrastructure of deception or coercion or abuse of data holders，Or use the data for unauthorized purpose or unauthorized disclosure to the other party，The information provided by the data holder must be destroyed and all copies。The bill curbs the use of unfair clauses，Further protecting small and medium -sized enterprises。Terms of unfair contract，Involved in regulatory data access and use、Responsibility and remedial measures that violate or terminate data -related obligations，When unilaterally imposed to miniature、Small or medium -sized enterprises，No binding force for them。The bill also stipulates the different situations that determine and presume unfair clauses。For example，If the purpose or effect of the contract terms involves the following situations，It will be considered an unfair clause: 1. The intentional behavior or responsibility of the parties to exclude or restrict unilateral impact clauses or major faults; 2. Exclude that it is obtained by being imposed on the case without fulfilling the contract obligations of the contract. Remedial measures or unilateral impact clauses violated the responsibility of obligations; 3. The parties exclusive right to give unilateral enhancement clauses，To determine whether the data provided is in Bet365 app download line with the contract or contract explanation。

　　Strictly limit the data processing service providerInternational data sharing behavior

Only the GDPR regulations had regulated personal data cross -border flow.，EU data cross -border system has a large blank blank。Data Act Based on the GDPR regulations, the cross -border flow of non -personal data is used to use special chapters，Strict limit on the sharing of cloud service international data，That is, cloud service providers must take necessary measures to prevent any international access to the law of the EU or member states or the transmission of non -personal data held by the EU。

One is that the data is transmitted to the abroad，Do not violate the laws and regulations of the EU and related member states。For example，According to the basic rights of personal personal rights、Rules of national security interests or intellectual property rights in member states。Second, it is a non -personal data stored in the third country to transmit to the third country，The premise must be based on the international agreement that takes effect between third countries and the European Union。Only when providing a protection of the "Data Act" based on the legal system based on international agreements or third countries，Only allowed data access requests of third countries。Third, if the international protocol lacks effective，Only three specific conditions that meet the "Data Act" can transfer or allow them to access the non -personal data stored in the EU。Fourth is when the transmission is allowed，Data processing service provider shall meet the minimum quantity data allowed in the other party's request。Fifth is before responding to the request of the third country data transmission，Data processing service provider shall promptly ask the data holder to check the data of other countries in time。

　　Some content of content is doubt

"Data Act" as the second step of the EU data strategy，It aims to ensure the Bet365 lotto review fairness of the data environment，Promote the effective circulation of data，Provide opportunities for data -driven innovation。But the Data Act is a double -edged sword in terms of data management and social governance。One aspect，The Data Act is a deepening on the basis of relevant policies and regulations in the early stage，Further constructed the EU data rights system，For different subjects、Different data types、Different transaction scenarios made more detailed specifications，and design the corresponding regulatory mode and dispute solution mechanism for possible conflict of rights，It will bring more incentives and confidence to each subject，Breaking the data island and monopoly，helps to release digital economic potential that conforms to the EU data governance rules and values。

On the other hand，The Data Act also has certain problems。First, the multiple contents of the Data Act are still unclear，For the specific content of the specific application scope of some clauses and its actual obligations。Second, the "Data Act" indicates the "Power List" and authorized standards of the European Commission，But it is still impossible to solve the problem that lacks sharing standards。The goal of the bill is to make each data type reach the best sharing level，Therefore, the EU tries to deepen the supervision and control of various data transactions，Rules that can only be monitored and executed by implementing great efforts，to reverse existing market dynamics，But what is worrying is，This may cause unnecessary supervision "tights"。Third, in the process of implementation of the "Data Act"，Enterprises have to take more data use、Management and compliance costs，Therefore, can the bill really curb the oligopoly，Promoting data circulation，It still needs to be considered。Fourth, restrictions on international data may affect the existing cloud data flow between the bet365 live casino games EU and the third country，also affects the opportunity of the EU's new cloud services in the third countries such as the United States or the United Kingdom。

(This article is a special issue of infringement liability for online platforms in the background of the new technical background "(FJ2020TWFX004) phased results)

(Author Unit: School of Law, Fujian Normal University)