Data Act – Fair Access to Data

Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act)

In Force Effective: 11/01/2024 EU-wide EU Regulation

Overview

The Data Act is an EU regulation that establishes harmonised rules for fair access to and use of data. It particularly addresses data generated by connected products (IoT) and related services, and strengthens users’ rights.

Who Is Affected?

The Data Act has far-reaching implications:

  • Manufacturers of connected products (IoT devices, smart devices, industrial machinery)
  • Providers of related services
  • Cloud and edge service providers
  • Data holders in B2B contexts
  • Public sector bodies (under certain conditions)

Core Obligations

  1. User access: Users of connected products have a right to access the generated data
  2. B2B data sharing: Fair terms for data sharing between businesses
  3. Cloud switching: Providers must facilitate switching between cloud services (no switching fees from 2027)
  4. Interoperability: Requirements for data interoperability and smart contract standards
  5. Safeguards: Protection against unfair contractual terms in B2B data sharing
  6. Government data access: Public sector bodies can access private data in emergencies

National Transposition

As an EU regulation, the Data Act applies directly:

  • Germany: Competent authorities for enforcement to be designated
  • Austria: Implementation of enforcement mechanisms
  • Switzerland: Not directly affected but relevant for companies with EU customers

Legal Sources

Data Act: Does it affect you?

Find out if and how this regulation affects your company – we're happy to advise you.

Frequently Asked Questions

Who is affected by the Data Act?

Manufacturers and providers of connected products (IoT), cloud and edge service providers, data holders sharing data in B2B contexts, and public sector bodies with data access rights.

When does the Data Act apply?

The Data Act entered into force on 11 January 2024. Most provisions apply from 12 September 2025.

What does the Data Act regulate?

User access to IoT data, fair B2B data sharing, cloud switching rights, interoperability requirements, and public sector access to private data in exceptional circumstances.