Data act

Briefing 14-07-2022

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the Commission proposal for a regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (data act), submitted on 23 February 2022 and referred to the European Parliament's Committee on Industry, Research and Energy (ITRE). The IA explains that the data act 'complements the two other major instruments shaping the European single market for data': the Data Governance Act and the digital markets act. 'While the Data Governance Act focuses on trusted mechanisms for data sharing and the digital markets act on fair competition between gatekeepers and other market players, also in relation to the use of data, the data act would enable wider data use across the economy, notably by regulating the fundamental questions of who can use the data generated by connected products and related services, and what are the conditions for such use' (IA, p. 1). The initiative is among the new initiatives included in the Commission's 2021 work programme and in the working document accompanying the joint declaration on EU legislative priorities for 2022.