Data Act
In force (staggered)Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act)
This applies to you if …
- You manufacture connected products (IoT) or offer related services that generate data.
- You provide data-processing services (cloud, edge) and want to retain customers.
- You use or share machine-generated data in B2B contracts or towards users.
Core obligations
- Enable users to access the data generated by their use (access by design and by default).
- Share data with third parties at the user's request — on fair, reasonable and non-discriminatory terms.
- Make switching between data-processing services (cloud) easier and phase out switching charges.
- Avoid unfair data-use contract terms while preserving the protection of trade secrets.
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First steps
- Identify which connected products/services generate data and who may access it.
- Review existing contracts for data-access and switching clauses (B2B fairness).
- Plan technical interfaces for user data access and data sharing.
- Adapt cloud/switching processes to the interoperability and portability requirements.
Deadlines
- 2024-01-11Regulation entered into force
- 2025-09-12General applicability of the data-access and data-use obligations
- 2026-09-12Connected-product requirements (data accessibility by design) for newly placed products
Penalty for non-compliance
Penalties are set by the Member States and must be effective, proportionate and dissuasive; where personal data is involved, the GDPR fining framework also applies.