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European Council Formally Adopts Data Act

According to the press release of 27 November 2023 published on the official website of the European Council (“Council”), to put the EU in a leading data-driven position, the Council adopted a new harmonized Regulation on fair access to and use of data (‘Data Act’).

The Data Act imposes an obligation on manufacturers and service providers to allow their users to access and reuse data generated by the use of their products or services. It also allows users to share this data with third parties.

According to the Data Act;

  • The Regulation includes provisions on ensuring fairness between actors in the digital environment concerning data derived from data, promoting a competitive data market, creating opportunities for data-driven innovation, and making data more accessible to all.
  • The new Act, introduces safeguards against illegal data transfer and provides for the development of interoperability standards for data to be reused across sectors.
  • Through the Data Act, businesses or individuals will gain more control over their data through a right of portability for easy copying or transfer of data between different services where data is generated through smart objects, machines, and devices.
  • About Internet of Things (IoT) data, the new Act, introduces a distinction between 'product data' and 'relevant service data' and ensures that what is readily available can be shared.
  • The new Act aims to support EU industry by providing safeguards, ensuring that trade secrets and intellectual property rights are adequately protected and that relevant measures are taken against possible misappropriation.
  • The new Act includes measures to prevent the abuse of contractual imbalances in data-sharing agreements due to unfair contractual terms imposed by a party with a stronger bargaining position.
  • The new Act will allow consumers to easily switch from one cloud provider to another.
  • The new regulation retains the flexibility for Member States to organize implementation and enforcement tasks at the national level.

Following formal adoption by the Council, the new regulation will be published in the EU's official Journal in the coming weeks and will enter into force on the twentieth day after its publication. It will apply for 20 months from the date of entry into force.

For more information, you can access the press release here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr