Full name: Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)

(Link to original text)

Type: Regulation

Objective and key elements:

• Facilitating B2C, B2B, and B2G data sharing
• Ensuring fairness in the allocation of value from data among actors in the data economy and fostering access to and use of data
• “Make data more available for use” and “remove barriers to access data”
• Clarifying who can create value from data; rules on who can use and access data and for which purposes
• Requirement of “data sharing by design” included

Relevant to: Providers and users of connected devices (e.g., IoT products) and data processing services (e.g., cloud infrastructure).

Status:

In force, will apply from 12 September 2025. However, the obligation resulting from Article 3(1) on the requirement for simplified access to data for new products will apply to connected products and the services related to them placed on the market after 12 September 2026.

Chapter III will apply to obligations to make data available under the Union law or national legislation adopted in accordance with the Union law and entering into force after 12 September 2025.

Chapter IV on unfair contractual terms related to data access and use between enterprises will apply to contracts concluded after 12 September 2025.

Chapter IV will apply from 12 September 2027 to contracts concluded on or before 12 September 2025 provided that they are: (a) of indefinite duration or (b) due to expire at least 10 years from 11 January 2024.

Next steps: Application will start gradually. Please see Article 50 of the Data Act for a detailed application schedule.

Hannes Snellman blog posts:

• The Data Act and Trade Secrets – Part (I) (published 7 September 2023)
• The Data Act and Trade Secrets – Part II: Refusing Access to Data Under the Data Act Based on Trade Secret Protection (published 11 January 2024)
• Have You Updated Your Contracts to Reflect the Changes Introduced by the Data Act? (published 14 October 2024)
• A Sneak Peek into Data Act Implementation in Finland: What Is Proposed? (published 8 January 2025)
• How Will the EU Data Act Reshape SaaS Business and M&A in the Tech Sector? (published 12 September 2025)

Earlier versions:

• Text adopted by the Parliament on 9 November 2023 is available here
• Provisional Agreement version published on 19 July 2023 is available here
• Commission's proposal published 23 February 2022 is available here

Guidance:

• European Commission: Frequently asked questions
• Data Act explained

(Last updated 7 October 2025)

Status:

• The process for national implementation is ongoing. More information about the project by the Ministry of Transport and Communications is available here (in Finnish only).
• The period for submitting comments on a draft Government Proposal is ongoing until 31 January 2025. The draft proposal and comments are available here (in Finnish only).
• The draft Government Proposal for national legislation is available here (in Finnish only). The Government Proposal is estimated to be published in September 2025.

(Last updated 20 December 2024)