03.09.2024
Blog
Data & AI

Are you ready for the Data Act?

The EU Data Act is a piece of legislation that reshapes the digital market across the European Union. The EU Data Act aims to regulate access to and the use of data within the EU. It forms part of the EU’s broader strategy to strengthen the Digital Single Market and drive forward the digital transformation in Europe. Are you familiar with the legal requirements and do you feel ready to comply with them?

Marcus Götting
Vice President IoT Consulting & Development

The Data Act at a glance

Regulation of the digital space has increased significantly. The Data Act came into force in January 2024 and must be implemented from 12 September 2025. This is particularly relevant for manufacturers of IoT devices. But what exactly is the EU Data Act? What are its objectives, and what requirements does it place on your business?

Unlike the GDPR, the EU Data Act does not regulate personal data from IoT devices. It establishes clear rules for access to and use of this data and is intended to promote fair value creation and innovation.

The main objectives of the Data Act:

  1. The Data Act is intended to ensure that businesses and public institutions can access data more easily. This is intended to foster innovation and create competitive advantages.
  2. Users’ rights are to be strengthened so that they have greater control over the data they generate through the use of devices or services. This applies in particular to data generated by connected devices (the Internet of Things, IoT).
  3. The Data Act is intended to prevent large companies from abusing their market power to monopolise data. Smaller companies and start-ups are thus to be given better access to data, which should lead to greater competition.
  4. Clear rules will be established governing how data may be shared between businesses (B2B) and between businesses and public authorities (B2G). This also includes provisions for data exchange in crisis situations.
  5. The Data Act aims to ensure that data is portable and interoperable between different services and platforms. This makes it easier for users and businesses to switch between different providers.

The Data Act: understanding, assessing, planning:

Businesses and public authorities are required to familiarise themselves thoroughly with the concepts, requirements and implications of the Data Act. They should define clear responsibilities for implementing the requirements of the Data Act and identify which stakeholders are affected.

The stakeholders typically involved are:

  • Product Owners and Product Managers, Enterprise Architects, and legal and compliance departments within companies that manufacture connected products and provide associated services
  • Users of connected products or associated services in the EU
  • Data controllers who make data available in the EU
  • Data recipients in the EU to whom data is made available
  • Data processing service providers

The scope of the Act

The Data Act aims to optimise access to and the use of data by prohibiting unfair contract terms. This helps to create fair and standardised data access arrangements that promote transparent data sharing in both the B2C and B2B sectors. Furthermore, the Data Act enables optimised and customer-centred access that supports neutral and interoperable data usage. Another key focus is on assessing the relevance of data provision in the B2G sector, particularly in cases of special necessity. The Data Act also minimises technical barriers and facilitates switching between cloud services, which improves access to research data and promotes innovation.

Time to act

In addition to clarifying responsibilities, organisations should define a clear, time-bound action plan to implement the requirements of the Data Act by the deadline.

Are you ready to tackle the challenges of the Data Act? Discover our white paper for further key information on the Data Act.

Marcus Götting
Vice President IoT Consulting & Development

Marcus Götting ist Vice President IoT Consulting & Development bei Materna.