Agreement reached on the EU Data Act

In late November 2023, the Council of the EU adopted the final text of the Data Act. Agreement now having been reached, the Data Act should be published in the official journal shortly (although will take effect 20 months after entering into force).  By way of a reminder, the key points to note from the Data Act are that it:

  1. enables users of internet connected devices (e.g., the Internet of Things) to get access to data generated by these devices and the services related to them and to share this data with third parties.
  2. provides for measures which protect against unilaterally imposed, unfair contract terms.
  3. includes mechanisms to allow public sector entities access to private sector data in very restricted circumstances, including in relation to public emergencies.
  4. contains rules to facilitate customers in switching between cloud service providers.
  5. includes measures designed to promote interoperability standards, which will ease the flow of data.

A link to the current text can be found here.

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