On January 12, the Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonized rules for fair access to and use of data, better known as the “Data Regulation” or “Data Act”, came into force. Without prejudice to the entry into force of the Regulation, most of the provisions will be applicable as of September 12, 2025.
This Regulation aims to increase the value of data and ensure control or access to it by a wider group of stakeholders and is driven by the strategy for the creation of an interconnected, interoperable and secure European data market.
The purpose of this rule is to regulate:
- the provision of product data and related service data to the users of the connected product (“Internet of Things” or “IoT”) or related service;
- the provision of data by data subjects to data recipients;
- the provision of data by data subjects to public sector bodies, the Commission, the European Central Bank and Union bodies, where there is an exceptional need for such data for the performance of a specific task carried out in the public interest;
- the facilitation of switching between data processing services;
- the introduction of safeguards against unlawful access to non-personal data by third parties, and
- the development of interoperability standards for data access, transfer and use.
In any case, personal data will continue to enjoy the protection provided by the General Data Protection Regulation (EU) 679/2016 (“GDPR”) and other applicable data protection legislation. To this end, it should be noted that the penalty regime of the Data Act refers to the administrative fines of the GDPR.
The entry into force of the Data Regulation will mean, in addition to reporting obligations or accessibility to data by design and by default, that data-driven companies can benefit from increased data availability, allowing them to innovate their products or services, as well as giving them the opportunity to compete and optimize their performance.
This publication does not constitute legal advice.
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