Data Act

The Data Act (Regulation (EU) 2023/2854) establishes harmonized rules on fair access to and use of data. It is a key pillar of the European data strategy, aiming to unlock the value of data for the economy and society. The regulation entered into force on 11 January 2024, with most provisions applying from 12 September 2025.

• 1Users of connected products have the right to access and share data generated by those products with third parties.
• 2Data holders must make data available to users and third parties designated by users under fair, reasonable, and non-discriminatory (FRAND) terms.
• 3Public sector bodies can request access to private sector data in cases of exceptional need, such as public emergencies.
• 4The regulation introduces safeguards against unfair contractual terms related to data access and use.
• 5Cloud switching provisions aim to remove barriers to changing cloud and edge service providers.
• 6International data transfer safeguards protect against unlawful third-country government access.

• •Business information providers may need to review data access policies and contractual terms.
• •New data sharing obligations may create opportunities for enhanced B2B data services.
• •Members should assess their cloud service arrangements in light of switching provisions.
• •Trade secret protection mechanisms become crucial for protecting proprietary analytics.
• •Compliance preparations should be prioritized before September 2025 application date.