> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/data-act/chapter-iii-obligations-for-data-holders-obliged-by-union-law-to-make-data-available-art.-8-12/8.md).

# Art. 8 — Conditions under which data holders make data available to data recipients

Data Act Article 8 — Conditions under which data holders make data available to data recipients. Regulation (EU) 2023/2854, Chapter III — Obligations for data holders obliged by Union law to make data

1. Where, in business-to-business relations, a [data holder](https://headlesslaw.com/definitions/data-act/data-holder/) is obliged to make data available to a [data recipient](https://headlesslaw.com/definitions/data-act/data-recipient/) under [Article 5](/data-act/chapter-ii-business-to-consumer-and-business-to-business-data-sharing-art.-3-7/5.md) or under other applicable Union law or national legislation adopted in accordance with Union law, it shall agree with a data recipient the arrangements for making the data available and shall do so under fair, reasonable and non-discriminatory terms and conditions and in a transparent manner in accordance with this Chapter and Chapter IV.
2. A contractual term concerning access to and the use of data, or liability and remedies for the breach or termination of data-related obligations, shall not be binding if it constitutes an unfair contractual term within the meaning of [Article 13](/data-act/chapter-iv-unfair-contractual-terms-related-to-data-access-and-use-between-enterprises-art.-13/13.md) or if, to the detriment of the user, it excludes the application of, derogates from or varies the effect of the user’s rights under Chapter II.
3. A data holder shall not discriminate regarding the arrangements for making data available between comparable categories of data recipients, including partner enterprises or linked enterprises of the data holder when making data available. Where a data recipient considers that the conditions under which data has been made available to it are discriminatory, the data holder shall without undue delay provide the data recipient, upon its reasoned request, with information showing that there has been no discrimination.
4. A data holder shall not make data available to a data recipient, including on an exclusive basis, unless requested to do so by the user under Chapter II.
5. Data holders and data recipients shall not be required to provide any information beyond what is necessary to verify compliance with the contractual terms agreed for making data available or with their obligations under this Regulation or other applicable Union law or national legislation adopted in accordance with Union law.
6. Unless otherwise provided for in Union law, including [Article 4(6)](/data-act/chapter-ii-business-to-consumer-and-business-to-business-data-sharing-art.-3-7/4.md) and [Article 5(9)](/data-act/chapter-ii-business-to-consumer-and-business-to-business-data-sharing-art.-3-7/5.md) of this Regulation, or by national legislation adopted in accordance with Union law, an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets.


---

# Agent Instructions
This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com.

## Querying This Documentation
If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question.

Perform an HTTP GET request on the current page URL with the `ask` query parameter, and the optional `goal` query parameter:

```
GET https://www.mica.wtf/data-act/chapter-iii-obligations-for-data-holders-obliged-by-union-law-to-make-data-available-art.-8-12/8.md?ask=<question>&goal=<endgoal>
```

`ask` is the immediate question: it should be specific, self-contained, and written in natural language.
`goal` is optional and describes the broader end goal you are ultimately trying to accomplish on behalf of the user. GitBook uses it to tailor the answer towards what is most useful for that goal.

The response will contain a direct answer to the question and relevant excerpts and sources from the documentation.

Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections.