EU Data Act gives users control over data from connected devices

This article is brought to you in association with the European Commission.

Today the EU Data Act starts to apply in the EU, giving users control over data generated by their connected devices, like smartwatches and cars, while unlocking opportunities for small businesses to use this data to develop innovative after-sale services.

The Data Act increases access to high-quality data and with it the potential for data-driven innovation. The Data Act sets fair rules for a wider availability of data to fuel innovation, competitiveness and growth in Europe’s digital economy.

Consumers and business users of connected devices – such as cars, smart TVs, and industrial machinery – will now be able to access, use and share the raw data generated by their devices. With this aim, the EU Data Act:

• Ensures that connected devices on the EU market are designed to allow data sharing;
• Gives consumers the possibility to choose more cost-effective repair and maintenance providers or do these tasks themselves;
• Gives users in industries like manufacturing or agriculture access to data about the performance of industrial equipment, which can improve their efficiency and operations;
• Enables cloud users to switch between cloud providers or use services from several providers in parallel;
• Prohibits unfair contracts that could prevent data-sharing.

The Commission has also published guidance on the sharing of vehicle data, which will lead to betterrepair and maintenance, car sharing, and mobility as a service.

Next Steps

The Commission is working on further tools to facilitate the implementation of the Data Act. It will set up a dedicated Data Act Legal Helpdesk to give companies direct assistance with questions on how to implement the new measures. It will provide guidance on the use of data when it comes to protecting trade secrets. Specifically, it will clarify when the new mechanism to protect trade secrets can be applied. It will also publish model terms for data sharing and standard clauses for cloud contracts to facilitate data sharing.

The Commission will also adopt a Data Union Strategy to further improve and simplify the EU’s data framework.

Background

The Commission has worked with European companies of all sizes, with industry associations and civil society to clarify the provisions and develop practical tools for the application of the Data Act.

Engagement with stakeholders will continue as the Data Act applies, ensuring that feedback shapes future guidance, keeps implementation proportionate and effective and feeds into the Commission’s simplification agenda.

The Commission has already delivered support to Member States, companies and other stakeholders, including frequently asked questions and guidance. The Data Act complements the Data Governance Act. While the Data Governance Act increases trust in voluntary data-sharing mechanisms, the Data Act provides legal clarity regarding access to and use of data.