Loading...
Regulation on Fair Access to and Use of Data
Horizontal data-sharing regulation governing access to data generated by connected products and related digital services. Establishes user rights to access their data, FRAND terms for B2B data sharing, cloud switching requirements with a maximum 2-month period, and B2G data sharing in emergencies.
50
Articles
12
Chapters
2mo
Max Switching Period
All
Sectors Covered
11 January 2024
Data Act enters into force
12 September 2025
Main provisions apply (data access, sharing, B2G)
12 September 2026
Design requirements for new connected products
12 January 2027
Cloud switching charges fully eliminated
12 September 2027
Legacy contract provisions apply
Users of connected products have the right to access data generated by their use, free of charge, in real-time where technically feasible. Data holders must make data available promptly in a machine-readable format.
Data sharing on Fair, Reasonable, and Non-Discriminatory (FRAND) terms. Prohibition of unfair contractual terms. Compensation must be reasonable and not discriminatory against SMEs.
Maximum 2-month switching period between cloud providers. Switching charges must be fully eliminated by January 2027. Functional equivalence requirements for interoperability.
Public sector bodies can request data from private entities in cases of public emergency such as natural disasters or pandemics. Data must be provided free of charge.
New connected products must be designed to make data easily accessible to users by default, including relevant metadata for interpretation.
Contractual terms concerning data access and use are not binding if they constitute an unfair unilateral imposition on a micro, small, or medium enterprise.
Set by Member States
National authorities determine enforcement and penalty levels. Some Member States may align with GDPR-level penalties (up to 4% global turnover). Must be effective, proportionate and dissuasive.
We provide structured preparation and compliance support for EU Data Act.
Schedule a consultation with our regulatory experts to assess your EU Data Act compliance posture and build a practical roadmap.