To make the European Union a leader in our data-driven society, the Council adopted a new regulation on harmonised rules on fair use and access to data.
The EU Data Act imposes an obligation on manufacturers and service providers to allow their users, whether companies or individuals, to access and reuse the data generated by the use of their products or services – from coffee machines to wind turbines. It also allows users to share this data with third parties. An example of this is that, in the not-too-distant future, car owners could choose to share certain vehicle data with a mechanic or their insurance company.
The regulation establishes new rules on who can access and use data generated in the EU in all economic sectors. It aims to:
- Guarantee fairness in the allocation of data value among stakeholders in the digital environment.
- Stimulate a competitive data market.
- Pave the way for opportunities for data-driven innovation.
- Make data more accessible to all.
The new regulation also aims to facilitate switching between data processing service providers, establishes safeguards against illegal data transfer and provides for the development of interoperability standards for data reuse across sectors.
It seeks to give both individuals and companies more control over their data through a strengthened portability right, allowing data to be easily copied or transferred from different services, where data is generated by smart objects, machines and devices. The new law will empower consumers and businesses by giving them a say in what can be done with the data generated by their connected products.
The new regulation will enable users of connected devices, ranging from smart home appliances to industrial machines, to access data generated by their use, which is often collected exclusively by manufacturers and service providers.
Regarding Internet of Things (IoT) data, the new law focuses, in particular, on the functionalities of the data collected by connected products rather than focusing on the products themselves.
The new law guarantees an adequate level of protection of trade secrets and intellectual property rights, together with the appropriate safeguards against possible abusive behaviour. While encouraging data sharing, the new regulation aims to support EU industry while providing safeguards for exceptional circumstances and dispute resolution mechanisms.
It also contains measures to prevent the abuse of contractual imbalances in data exchange contracts due to unfair contractual conditions imposed by a party with a significantly stronger bargaining position. With these measures, EU companies will be protected from unfair agreements and SMEs will have more room for manoeuvre.
The regulation provides the means for public sector bodies, the European Commission, the European Central Bank and EU bodies to access and use private sector data needed in exceptional circumstances, especially in case of public emergency, such as floods and forest fires, or to carry out a task in the public interest.
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