EU member states reach agreement on the Data Act for fair access and use

Introduction

The Council of the European Union has reached a common position on the Data Act, aimed at empowering individuals and businesses with more control over their data and unlocking the economic and societal potential of data and technologies in line with EU rules and values.

Key Aspects of the Data Act

The Data Act seeks to ensure fairness in the digital environment, stimulate a competitive data market, and make data more accessible. Key aspects include:

1. Allowing users of connected devices to access data generated by their devices.
2. Preventing abuse of contractual imbalances in data sharing contracts.
3. Enabling public sector bodies to access private sector data in exceptional circumstances.
4. Introducing new rules for customers to effectively switch between cloud data-processing service providers.

Amendments and Next Steps

The Council has made several amendments to the Commission’s proposal, including a clearer definition of the regulation’s scope, protecting trade secrets and intellectual property rights, and fine-tuning data sharing requests by public sector bodies. Following the agreement on the Council’s common position, the Swedish presidency will enter negotiations with the European Parliament on the final version of the proposed legislation.

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