The regulation, also known as the Data Act, addresses a number of challenges and opportunities presented by data1 in the European Union (EU), emphasising fair access and user rights, while ensuring that personal data is protected. Its aims include:
guaranteeing a fair distribution of the benefits derived from data amongst stakeholders;
stimulating a competitive data market;
opening up opportunities for data-driven innovation; and
making data, in particular data generated by connected products, more accessible.
KEY POINTS
The regulation ensures fairness in the allocation of the value of data amongst the stakeholders in the data economy. It clarifies who can use what data and under which conditions.
To this end, it includes measures to allow users of connected products, ranging from smartphones and smart household appliances to intelligent industrial machines, to get access to data generated by their use. In addition, it comprises measures to increase legal certainty in relation to data access and use, in particular in the context of connected products, such as:
clear rules on the permissible use of data and the conditions that apply;
continued incentives for data holders to invest in high-quality data generation;
rules facilitating the seamless transfer of valuable data between data holders and data users while preserving confidentiality;
incentives encouraging more individuals and entities, whatever their size, to participate in the data economy;
rules on users’ rights to share data with third parties;
rules on protecting trade secrets and intellectual property rights, with safeguards against abusive behaviour; and
a system of reasonable compensation for making data available and a dispute settlement mechanism.
Other measures include the following.
Mitigating the abuse of unfair contracts that impede equitable data sharing. This entails:
safeguarding enterprises from unjust contractual terms imposed by parties in stronger market positions; and
developing model contract wording to help market participants draft and negotiate fair data-sharing contracts.
Enabling public sector bodies to access and use certain data held by the private sector, for example to help in their response to public emergencies.
Facilitating switching between data-processing service providers to unlock the cloud market in the EU, and the gradual withdrawal of switching charges, contributing to more efficient data interoperability2.
Exempting data acquired through connected products from the provisions of Directive 96/9/EC, the database directive.
Safeguarding against unlawful third-party government access to non-personal data.
This regulation does not affect EU or national legal acts providing for the sharing of, access to and the use of data for the purpose of the prevention, investigation, detection or prosecution of criminal offences or for the execution of criminal penalties, or for customs and taxation purposes.
FROM WHEN DOES THE REGULATION APPLY?
The regulation entered into force on and applies from .
Data. Any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording.
Interoperability. The ability of two or more data spaces or communication networks, systems, connected products, applications, data processing services or components to exchange and use data in order to perform their functions.
MAIN DOCUMENT
Regulation (EU) 2023/2854 of the European Parliament and of the Council of on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) (OJ L, 2023/2854, ).
RELATED DOCUMENTS
Regulation (EU) 2023/1543 of the European Parliament and of the Council of on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, , pp. 118–180).
Directive (EU) 2023/1544 of the European Parliament and of the Council of laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (OJ L 191, , pp. 181–190).
Regulation (EU) 2022/2065 of the European Parliament and of the Council of on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, , pp. 1–102).
Regulation (EU) 2021/784 of the European Parliament and of the Council of on addressing the dissemination of terrorist content online (OJ L 172, , pp. 79–109).
Directive (EU) 2020/1828 of the European Parliament and of the Council of on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, , pp. 1–27).
Successive amendments to Directive (EU) 2020/1828 have been incorporated into the original text. This consolidated version is of documentary value only.
Directive (EU) 2019/770 of the European Parliament and of the Council of on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, , pp. 1–27).
Regulation (EU) 2018/1807 of the European Parliament and of the Council of on a framework for the free flow of non-personal data in the European Union (OJ L 303, , pp. 59–68).
Regulation (EU) 2017/2394 of the European Parliament and of the Council of on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, , pp. 1–26).
Regulation (EU) 2016/679 of the European Parliament and of the Council of on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, , pp. 1–88).
Regulation (EU) 2015/847 of the European Parliament and of the Council of on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, , pp. 1–18).
Directive (EU) 2015/849 of the European Parliament and of the Council of on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, , pp. 73–117).
Regulation (EC) No 765/2008 of the European Parliament and of the Council of setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, , pp. 30–47).