37. Can someone established in a third country receive data on the basis of the data-sharing obligations under Chapter II?

No. The scope of the Chapter II data-sharing obligation on data holders is limited to entities and persons, including consumers, in the Union (cf. Articles 1(3)(b), 1(3)(d) and 2(14) of the Data Act). Giving data access to operators that do not have a presence in the EU cannot be justified based on the Data Act. Irrespective of its place of establishment, a data holder has a legal obligation to share data with an EUbased entity or person at the request of an EU user. A user may ask a data holder to share data with an entity or person that is not established in the EU, but the data holder is not obliged to grant that access. Fair, reasonable, and non-discriminatory (FRAND) conditions, compensation and dispute resolution