Europe adopts new law on fair access and use of data

The new regulation on access and fair use of data, called “Data Law”was adopted by the Council of the European Union.

José Luís EscrivaSpanish Minister for Digital Transformation, highlights that this law will be a catalyst for a Europe adapted to the digital era, releasing enormous economic potential and contributing significantly to an internal European data market.

The main objectives of the law include ensuring theequity in distributing the value of data, promoting a competitive data market, promoting data-driven innovation and facilitating access to data for all. The law imposes obligations on manufacturers and service providers, allowing users to access and reuse data generated by the use of their products or services.

The regulations aim to facilitate switching between data processing service providers, prevent illicit data transfers and develop interoperability standards. Strengthens the right to portability of individuals and legal entities, offering greater control over their data generated by connected objects.

All connected systems affected

The scope of the regulation includes users of connected devices, from smart home appliances to smart industrial machines. Distinguishes “product data” from “related service data,” facilitating sharing of readily available data.

Measures are taken to protect trade secrets and intellectual property rights while preventing abuse of data sharing contracts. The regulation aims to avoid abusive contractual imbalances and ensure reasonable compensation for the provision of data.

The law allows public sector bodies to access private sector data in exceptional circumstances, such as emergency situations. It also provides benefits to consumers by allowing them to easily switch cloud service providers, introducing interoperability standards and ensuring legal data transfers.

The implementation and enforcement of regulations remain flexible for Member States. A data coordinator could be appointed in some Member States to act as a single point of contact.

The regulation will be published in the EU’s official journal in the coming weeks and will come into force twenty days after this publication, with application expected within 20 months after entry into force. Certain specific articles will be applicable after 32 months for connected products and associated services placed on the market after this date.

This initiative follows the Data Governance Law adopted in 2022 and is part of the February 2020 European Strategy that aims to make the EU a leader in the data-driven society. It completes the act of data governance, clarifying who can create value from data and under what conditions. The aim is to create a strong and fair data economy, driving the EU’s digital transformation by 2030.

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