The Data Act forms the basis for a fair distribution of value creation from data, data access, and use. It is essential to facilitate access to and utilization of data while maintaining incentives for investment in data value creation. Furthermore, it aims to facilitate the transition between cloud and edge services and introduce safeguards against irregular data transmission. Affected by this law are manufacturers, suppliers within the EU, data managers, data recipients, instruments of the public sector, EU institutions, and providers of data processing software.
The Data Act covers various areas.
The first aspect is the right to access data. This area includes users' right to access data generated by a product or service. Manufacturers must allow access to this data.
Furthermore, users are granted the right to share data with other parties, and obligations for data managers are defined in the Data Act. These include compensation for ensuring access to data, no abusive activities with managed data, and dispute resolution bodies supporting parties if there is disagreement regarding compensation and circumstances. Additionally, fairness in contractual terms should apply, and there should be no commercial, technical, or contractual barriers.
The law also specifies the requirements for interoperability, data transmission mechanisms, and services from data room operators. Another aspect of the Data Act is security measures that regulate access to data in the international arena. Illegal access to non-personal data is regulated, and measures are introduced.
Based on this legal basis, several duties and responsibilities arise that manufacturers and suppliers must consider regarding data and its use. The Data Act is also relevant to various industries.