About

Data Act
Recitals
About
Chapter I - General provisions (Art. 1-2)
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- Art. 1 Data Act - Subject matter and scope
- Art. 2 Data Act - Definitions
Chapter II - Business to consumer and business to business data sharing (Art. 3-7)
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Chapter III - Obligations for data holders obliged to make data available to data recipients (Art. 8-12)
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Chapter IV - Unfair contractual terms related to data access and use between enterprises (Art. 13)
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- Art. 13 Data Act - Unfair contractual terms unilaterally imposed on another enterprise
Chapter V - Making data available to public sector bodies, the Commission, the European central bank and union bodies on the basis of and exceptional need (Art. 14-22)
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Chapter VI - Switching between data processing services (Art. 23-31)
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Chapter VII - Unlawful international governmental access and transfer of non-personal data (Art. 32)
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- Art. 32 Data Act - International governmental access and transfer
Chapter VIII - Interoperability (Art. 33-36)
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Chapter IX- Implementation and enforcement (Art. 37-42)
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Chapter X- Sui generis right under Directive 96/9/EC (Art. 43)
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- Art. 43 Data Act - Databases containing certain data
Chapter XI - Final provisions (Art. 44-50)
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About the Data Act

Full name: Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)

Type: Regulation

Objective and key elements:

Facilitating B2C, B2B, and B2G data sharing
Ensuring fairness in the allocation of value from data among actors in the data economy and fostering access to and use of data
“Make data more available for use” and “remove barriers to access data”
Clarifying who can create value from data; rules on who can use and access data and for which purposes
Requirement of “data sharing by design” included

Relevant to: Providers and users of connected devices (products) and data processing services (e.g, cloud infrastructure).

Status Adopted.

Published in the EU’s official journal on 22 December 2023. The Data Act will enter into force the twentieth day after this publication. The Data Act will apply from 25 December 2025, with the following exceptions:

Obligations under Article 3(1) ("Data Sharing by Design") shall apply to connected products and the services related to them placed on the market after 12 September 2026.
Chapter III (Obligations for data holders obliged to make data available to data recipients ) shall apply in relation to obligations to make data available under Union law or national legislation adopted in accordance with Union law, which enters into force after 12 September 2025.
Chapter IV (Unfair contractual terms related to data access and use between enterprises) shall apply to contracts concluded after 12 September 2025.
However, Chapter IV shall apply from 12 September 2027 to contracts concluded on or before 12 September 2025 provided that they are: (a) of indefinite duration; or (b) due to expire at least 10 years from 11 January 2024.

Final version: Can be found on this Digital Decade website. If you wish to download the Data Act in PDF of want access to the different language version please you can find of on the following link from EUR-Lex .

Earlier versions:

Council adopted a revised version on 22 March 2023. Provisional Agreement version published on 14 July 2023 can be found here.

Commission's proposal published 23 February 2022, link.

Hannes Snellman blog posts: