Data Act

Requirements related to the application of Regulation (EU) 2023/2854 of the European Parliament and of the Council of December 13, 2023, on harmonized rules for fair access to and use of data, and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) (OJ EU L 2023, p. 2854, as amended).

Introduction

The provisions of Regulation (EU) 2023/2854 of the European Parliament and of the Council of December 13, 2023, on harmonized rules for fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) became applicable on September 12, 2025 (the “Data Act”).

Information obligation

In accordance with the requirements of Article 28 of the Data Act, OChK informs that:

1)
The ICT infrastructure used to process Customers’ data in connection with the provision of OChK Platform Services by the Company is located in Poland. This infrastructure is subject to the jurisdiction of the Republic of Poland and to Polish and European Union law,
2)
applies the technical, organizational, and contractual measures set forth in the OChK Platform Terms of Service and the User Guide, made available to customers using the OChK Platform Services, to prevent international access to non-personal data stored within the Union or its transfer to government authorities, where such access or transfer would result in a violation of European Union law or the national law of the relevant Member State, in particular:
- a)
  technical measures - including data encryption (such as allowing customers to use their own cryptographic keys), segmentation of processing environments, authentication mechanisms, and security monitoring systems,
- b)
  organisational measures - including access control based on the principle of least privilege, incident response procedures, and periodic security audits, as well as the verification and assessment of the legitimacy of access requests, particularly with regard to compliance with national and European Union law, including in accordance with Article 32 of the Data Act,
- c)
  contractual measures - ensuring that the OChK undertakes to comply with European Union law or national law and, to the extent permitted by generally applicable law, informs customers of requests for access to their data.

Switching between data providers

The customer has the right to switch between data processing service providers in accordance with the Data Act. The rules for switching between service providers are set forth in the Appendix to the OChK Platform Terms of Service – Rules for Switching between Service Providers. In addition, OChK may provide the customer with Additional Services related to the development and implementation of an Exit Plan.

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Copyright © OChK - Operator Chmury Krajowej sp. z o. o. with its head office in Warsaw at Grzybowska 62, postcode: 00-844, registered in the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, KRS number: 0000770202; NIP (Tax Identification Number): 525-277-57-89 REGON statistical number: 382039032; share capital: PLN 155,000,000.