The Data act

Briefing 07-10-2022

On 23 February 2022, the European Commission unveiled a proposal for an EU regulation – the data act – laying down harmonised rules on fair access to and use of data. The aim is to remove barriers before consumers and businesses' access to data in a context in which the volume of data generated by humans and machines is increasing exponentially and becoming a critical factor for innovation by businesses (e.g. algorithm training) and by public authorities (e.g. shaping of smart cities). The proposed act establishes common rules governing the sharing of data generated by the use of connected products or related services (e.g. the internet of things, industrial machines) to ensure fairness in data sharing contracts and to allow public sector bodies to use data held by enterprises where there is an exceptional need (e.g. public emergency). Furthermore, the proposed act introduces new rules to facilitate switching between providers of cloud services and other data processing services, and puts in place safeguards against unlawful international data transfer by cloud service providers. The Council and Parliament are working on defining their respective positions. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.