EU adopts Data Act: What do you need to know?

The European Union has taken a significant step towards a progressive data economy by adopting the Data Act. This act is a key building block in the EU’s digital strategy and aims to simplify and improve access to and use of data. In a world where data is considered the new oil, the Data Act is a groundbreaking initiative to fully exploit the potential of digital information while creating a level playing field.

The Data Act marks a turning point in Europe’s digital landscape. It addresses the growing importance of data in the modern economy and seeks to create a balanced environment in which both large and small players can benefit equally from data streams. By harmonizing the rules for data access and use across borders, the aim is to create a single digital market that promotes innovation while protecting the rights of data owners and users.

What is the Data Act?

The Data Act, a European Union regulation, sets out harmonized rules for fair access to and use of data and will become directly applicable law throughout the EU after a transitional period of 20 months. This act is an essential part of the EU’s efforts to revitalize the data economy and promote Europe as a location for innovation. In particular, it addresses the use of data generated by the use of Internet of Things (IoT) products and services and is aimed at companies in all sectors and users of these products and services in the EU.

At the heart of the Data Act is the regulation of access to and use of personal and non-personal data. The Act grants users extensive rights and access to the data generated in the course of using IoT products and services and assigns them sovereignty over this data. Manufacturers and providers are prohibited from freely using this data without the user’s consent. They are obliged to provide users with access to the data free of charge and, where possible, in real time, whereby this obligation must be taken into account during the development of products and services.

The Data Act also introduces a type of content control under general terms and conditions law at B2B level and contains specific regulations for cloud services. Providers of cloud services are obliged to design their services in such a way that it is easy for customers to switch to another provider or move back to the customer themselves. This includes numerous specifications for the design of cloud contracts, for example on termination and transition periods, support obligations and remuneration regulations.

Together with the Data Governance Act, which has been in force since 24 September 2023, the Data Act forms the cornerstone of a new EU-wide harmonized data law. The Data Governance Act creates a legal framework for data sharing that ensures neutral access to data and interoperability. Companies are now required to analyze the impact of the Data Act and the other provisions of the new European data law on their data and business strategy and to take appropriate preparatory measures.

Goals and benefits

The Data Act pursues the ambitious goal of promoting the use of data in various areas of life and thereby increasing value creation, particularly for new business models, start-ups and SMEs. By creating fair access to and use of data, the aim is to create an environment in which innovation and competitiveness can flourish. This approach is designed to exploit the full potential of digital data while ensuring that these valuable resources are handled fairly and transparently.

The Data Act helps to bridge the digital divide by making it easier for smaller players to access data that was previously often only available to large companies. This paves the way for a more diversified and dynamic digital economy in which innovative ideas and solutions can come from different sources. In addition, the Data Act promotes the development of new data-driven technologies and services that have the potential to have a positive impact not only on the economy, but also on society as a whole.

By establishing clear guidelines and structures for the handling of data, the Data Act also contributes to the creation of a trustworthy digital environment. This is crucial in order to strengthen consumer and business confidence in digital services and thus promote wider acceptance and use of these technologies. Overall, the Data Act represents an important step towards a more balanced, innovative and inclusive digital future.

Challenges and problems

Despite the advantages, the Data Act also brings challenges. These include:

– The need for companies to adapt their data management and contracting practices.
– Ensuring compliance with data protection regulations, in particular with regard to personal data.
– The technical implementation and the associated costs, especially for smaller companies.

Conclusion

The Data Act is an important step towards a more open and fairer data economy in the EU. It offers opportunities, but also places demands on companies and organizations. Early engagement with the regulations and strategic planning are key to reaping the benefits of the Data Act while ensuring compliance.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.