European Union
Data Act directly applicable in all Member States as of 12th of September 2025
KEY ASPECTS
- Regulation (EU) 2023/2854 (Data Act) is directly applicable in all Member States as of 12 September 2025, establishing new rules for the access to, sharing and use of data generated by connected products and related services in the EU.
- The Data Act imposes obligations on manufactures, data holders, data processing service providers, users, and public entities, covering both personal and non-personal data, and introduces requeriments regarding design, transparency, and interoperability.
- Noteworthy are the protection against unfair contractual terms, the facilitation of switching between data processing service providers (e.g. cloud), the protection of trade secrets, and the establishment of mechanisms for public sector access to data in exceptional circumstances.
- Non-compliance may result in significant penalties, including fines of up to 20 million euros or 4% of the worldwide turnover.