EU Data Act Started to Apply in the EU

The EU Data Act started to apply in the EU from yesterday. It gives users control over data generated by their connected devices, while unlocking opportunities for small businesses to use this data to develop innovative after-sales services.

The Data Act increases access to high-quality data and, with it, the potential for data-driven innovation. It sets fair rules for a wider availability of data to fuel innovation, competitiveness, and growth in Europe's digital economy. Consumers and business users of connected devices - such as cars, smart TVs, and industrial machinery - will now be able to access, use, and share the raw data generated by their devices.

The new regulation ensures that connected devices on the EU market are designed to allow data sharing and gives consumers the possibility to choose more cost-effective repair and maintenance providers or do these tasks themselves. It also gives users in industries like manufacturing or agriculture access to data about the performance of industrial equipment, which can improve their efficiency and operations, enables cloud users to switch between cloud providers or use services from several providers in parallel, and prohibits unfair contracts that could prevent data-sharing. The European Commission has also published guidance on the sharing of vehicle data, which will lead to better repair and maintenance, car sharing, and mobility as a service.

The EC will set up a dedicated Data Act Legal Helpdesk to give companies direct assistance with questions on how to implement the new measures. It will provide guidance on the use of data when it comes to protecting trade secrets. Specifically, it will clarify when the new mechanism to protect trade secrets can be applied. It will also publish model terms for data sharing and standard clauses for cloud contracts to facilitate data sharing. The EC will also adopt a Data Union Strategy to further improve and simplify the EU's data framework.

”The Data Act empowers users, opens markets, and gives businesses the data they need to create innovative services - from smarter vehicle repairs to new energy-efficiency solutions. We are equally committed to helping companies adapt to the new rules, reducing administrative burden and turning data into real opportunities for people and businesses across Europe,” said Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy.