43. What qualifies as ‘mitigation of or recovery from’ a public emergency?

The Data Act does not clarify these concepts, but Article 15 clearly distinguishes them from ‘public emergency response’ (Article 15(1)(a)), which suggests that they are distinct from the actual occurrence of a public emergency, in particular in terms of timing. The factors to be considered when identifying an activity as ‘mitigation or recovery from a public emergency’ are likely to be laid down in national law, because mitigation or recovery from a public emergency must be designated as a “specific task carried out in the public interest, that has been explicitly provided for by law” in order to be relevant for Chapter V requests.