- The Data Act was adopted by the European Council and will enter into force after publication in the Official Journal.
- It is generally valid for 20 months after its entry into force.
- A “factual data access by design” obliges manufacturers and service providers to provide users with access to usage data.
- It also includes data portability, clause control in favor of SMEs, public authority access to private data and cloud switching.
According to the European Parliament (see here), the European Council has now also Data Act accepted (Media release).
The Data Act will be published in the Official Journal of the EU in the coming weeks. It will enter into force on the twentieth day following this publication and will then apply in principle for 20 months after its entry into force.
Among other things, the Data Act contains a principle of “material data access by design”: Manufacturers of networked devices and providers of integrally connected services must each design them in such a way that users have access to usage data, combined with pre-contractual information obligations. It also contains a right of the user to data portability of usage data. Other provisions relate to clause control in favor of SMEs, access rights of public authorities to certain data held by private individuals and switching between cloud service providers (“cloud switching”). A more detailed overview of the extraterritorial scope of application can be found at here.