Data Act

Data Act

Levelling the playing field and unleashing the opportunities arising from data and cloud services in the EU

The Data Act introduces rules concerning access and use of connected product and related service data to empower their (B2C or B2B) users, and on switching and interoperability of cloud and edge services to address lock-in scenarios. Amongst other things, the Data Act also contains restrictions applicable to some B2B data sharing terms and obligations relating to public emergency access to data.

In 22 December 2023, the regulation on harmonised rules on fair access to and use of data (Data Act) was published in the Official Journal of the EU. The Data Act entered into force on 11 January 2024. Most of the provisions of the Data Act will become applicable as of 12 September 2025.

The Data Act is a cornerstone of the EU’s strategy to enhance its data economy and establish a competitive, fair, and innovative data market. It sits within the EU’s Digital Decade goals by advancing digital transformation and creating a single market for data.

The Data Act has an impact on all organisations that deal in one way or another with data, including those producing, offering or using connected products, related services and cloud services.

Key features

  • Applicable for all types of IoT products that gather data about their use and certain services for such products.
  • Establishes obligation to share data with the user of a product or service and in some cases with third parties and public sector bodies.
  • Establishes obligation to have a data license and inform about the data collection of a product or service.
  • Establishes certain design and manufacturing obligations regarding the development of new products or services.

 

Key challenges

With its broad scope and cross-sectoral impact, the Data Act presents both opportunities and compliance challenges – particularly for organisations in data-intensive industries. As organisations seek to comply with the Data Act, we’re seeing recurring challenges emerge. These have legal, operational and/or technical dimensions – and often require multi-specialist teams to land on the most appropriate position.

Get in touch with your usual DLA Piper contact or our key contacts below for information on how we can assist you with this exercise.