40. Who can rely on the dispute settlement mechanism established by the Data Act and under which conditions?

Users, data holders and data recipients can refer their disputes to the dispute settlement bodies designated by Member States in accordance with the Data Act, which can help them to conclude a contract on data sharing or settle disputes arising after the conclusion of the contract. These dispute settlement bodies will be competent (i) for disputes relating to the ‘safety and security handbrake’ and to the ‘trade secrets handbrake’ (see Questions 20, 21 and 22) in business-to-consumers and in business-to-business relations, (ii) for disputes relating to the fair, reasonable and non-discriminatory terms and conditions for, and transparent manner of, making data available in business-to-business relations, where the data holder is legally obliged to make data available (including in accordance with the Data Act) and (iii) for dispute relating to the fairness of contractual terms related to data access and use in business-to-business relations. The rules on dispute settlement are applicable to disputes relating to the fair, reasonable and nondiscriminatory terms and conditions for (and transparent manner of) making data available in businessto-business relations, where the obligation to share data is enshrined in law (including the Data Act itself). The dispute settlement rules can also be used by customers and providers of data processing services to settle disputes relating to breaches of the provisions of the Data Act dealing with such services. A decision to have recourse to a dispute settlement body is voluntary and should be agreed by both parties to the dispute. In addition, a decision of a dispute settlement body binds the parties only if they have explicitly consented to its binding nature prior to the start of the dispute settlement proceedings. A dispute settlement body may not be tasked with resolving a dispute if it has already been brought before another dispute settlement body or before a court or tribunal of a Member State.