EU Digital Decade 2030: Data Act & eIDAS 2 | IT-Medienrecht

Discover how the EU Digital Decade, Data Act & eIDAS 2 reshape data law. Get ready for 2025 implementation and secure your compliance & market access now.

The EU Digital Decade 2030: Legal Implications for Businesses in 2025

The "Digital Decade 2030 Policy Program" bundles four core goals: skills, infrastructures, economy, and public services. It links these goals with binding roadmaps and continuous monitoring. For companies, the data law core is particularly crucial.

Specifically, the Data Act, the Data Governance Act, and the new European Digital Identity (eID wallet) will establish concrete project and contractual requirements in 2025. This article provides an overview of these critical legal developments.

Legal Framework and Objectives: From Goals to Implementation

Decision (EU) 2022/2481 sets specific targets for 2030. It also establishes a governance mechanism, including an annual progress report and national roadmaps to track implementation. Key targets include the widespread use of cloud, big data, and AI in companies, the development of high-performance networks, efficient digital public services, and a universally usable digital identity across Europe.

In practice, this translates into accelerated digitalization projects for businesses and public administration. These efforts are supported by new rules governing data access and interoperability, aiming to foster a more integrated digital environment.

Data Access and Usage: Data Act and Data Governance Act

From September 2025, the Data Act (Regulation (EU) 2023/2854) will introduce extensive regulations. It governs access to usage data from connected products and services in both B2C and B2B contexts. The regulation also addresses data portability for non-personal data, interoperability of data processing services, and protections against vendor lock-in when migrating to the cloud.

Manufacturers and providers of networked products must adapt their contract and technology design as early as 2025. This includes defining data categories, recipients, formats, APIs, SLAs, exit clauses, migration deadlines, and fee models. These adjustments are vital for compliance and competitive positioning.

The Data Governance Act (Regulation (EU) 2022/868) has been in force since September 2023. Its core elements comprise data intermediation services with strict neutrality requirements, data altruism, and the establishment of common European data spaces. These initiatives aim to facilitate data sharing and foster innovation.

This framework is creating new data submarkets across sectors like healthcare, mobility, energy, and finance. While this offers significant opportunities for data-based products, it also entails new compliance obligations related to transparency, purpose limitation, and data security.

Digital Identity and Signatures: eIDAS 2 as an Enabler

Regulation (EU) 2024/1183 introduces the European Digital Identity (EUDI wallet). Member States are mandated to provide these digital wallets once the technical implementing act is adopted. From 2025/2026, companies can expect widespread integration of the EUDI wallet.

The EUDI wallet will streamline various processes, including customer onboarding, age/identity verification, qualified electronic signatures and seals, proof of diploma/license, and Know Your Customer (KYC) procedures. Practically, this means companies must recognize and integrate the wallet into accounts, workflows, and contracts, including appropriate proof and signature clauses. Compliance with Article 25 of the eIDAS regime and technical relying party certifications will also be essential.

Practical Roadmap for 2025: Contracts, Technology, and Governance

To successfully navigate the changes brought by the EU Digital Decade 2030, companies should consider the following practical steps:

  1. Data inventory and mappings: Identify product and usage data, telemetry, and platform logs. Establish lawful bases (e.g., GDPR, contractual obligations) and categorize data according to Data Act rules for access, transfer, and formats.
  2. Product and cloud interoperability: Define API specifications and design for easy switching. Set clear migration SLAs and transparent price structures for data exports. Review and adapt vendor lock-in clauses in general terms and conditions (GTC), Master Service Agreements (MSA), and SaaS contracts.
  3. Data sharing models: Evaluate your role as a data intermediary (considering neutrality and registration requirements). Explore participation in data altruism projects and EU data spaces. Ensure clear liability and intellectual property rules (e.g., copyright law, license structures).
  4. EUDI wallet readiness: Prepare for signature/seal workflows, proof of mandate/representation, and attribute certificates. Adapt existing contract templates to accommodate new burden of proof and form requirements related to the EUDI wallet.
  5. Governance and audit: Define internal roles, guidelines, and access controls. Implement privacy and data by design principles (Art. 25 GDPR). Conduct exit tests for data migration, establish incident response protocols, and perform annual management reviews.
  6. Funding and consortium options: Investigate multi-country projects, particularly in areas like data infrastructure, cloud interoperability, and cybersecurity. Draft precise contracts covering IP splits, consortium governance, and state-aid considerations.

Conclusion and Outlook

The Digital Decade is more than just a political catchphrase; it represents a binding implementation framework. Companies that strategically align their contracts, product architecture, and compliance efforts with the Data Act, Data Governance Act, and eIDAS 2 in 2025 will gain crucial advantages.

This proactive approach will secure market access, enhance interoperability, and provide evidentiary benefits, ultimately reducing future conversion costs. Addressing these legal changes now is key to digital success.