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EU Data Act Regulation

European Union

2023

Privacy

Overview

The EU Data Act, formally adopted in 2023, is a central part of the European Commission’s Data Strategy, aimed at unlocking access to and reuse of data generated in the EU. It creates a harmonized framework for business-to-business (B2B) and business-to-government (B2G) data sharing, especially from connected products and related services.

The Act empowers users of connected devices such as cars, industrial machinery, or smart home products to access and share the data they generate. It also sets fair contractual rules for data sharing, ensures interoperability standards, and mandates data sharing with public bodies in cases of exceptional need, such as emergencies or natural disasters. The law applies to manufacturers, service providers, public bodies, SMEs, cloud service providers, and others that handle connected device data within the EU.

Key Obligations

Allow users of connected products and services to access and share their usage data
Prevent unfair contractual terms in data-sharing agreements, especially for SMEs
Enable public sector bodies to request data in cases of exceptional need

Ensure interoperability and portability across cloud and edge service providers
Manufacturers and service providers must provide access to product data under specified conditions

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Related Regulations

EU Data Governance Act

EU-U.S. Data Privacy Framework

GDPR Data Protection Regulation

FAQ

What kind of data does the EU Data Act cover?

It focuses on data generated by the use of connected devices and digital services, including both personal and non-personal data.

Does the Act require companies to share their data with governments?

Yes, but only in exceptional circumstances, such as public emergencies or disasters, under strict safeguards.

How does it protect SMEs in data contracts?

The Act prohibits unfair contractual clauses and promotes balanced data-sharing agreements, particularly protecting smaller businesses.

Are cloud service providers affected?

Yes. The Act includes rules for interoperability and data portability, requiring providers to enable customers to switch services easily.