home
My favourites

Data Act

About the Data Act

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 Union law or national legislation adopted in accordance with 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:

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:

Digital Omnibus:

Full name: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) 2016/679, (EU) 2018/1724, (EU) 2018/1725, (EU) 2023/2854 and Directives 2002/58/EC, (EU) 2022/2555 and (EU) 2022/2557 as regards the simplification of the digital legislative framework, and repealing Regulations (EU) 2018/1807, (EU) 2019/1150, (EU) 2022/868, and Directive (EU) 2019/1024 (Digital Omnibus)

(Link to original text)

Type: Regulation

Objective and key elements:

    • It is proposed that the Data Governance Act (EU) 2022/868, the Regulation on the Free Flow of Data (EU) 2018/1807, and the Open Data Directive (EU) 2019/1024 be consolidated into a single Data Act.
    • The key objective of the Digital Omnibus is to reduce the administrative burden and the costs associated with implementing regulations, particularly for small and medium-sized enterprises.
    • The regulation of smart contracts would be eliminated entirely.
    • Regarding the sharing of trade secrets, it is proposed to add grounds for refusing to share data in situations where a trade secret would be unlawfully disclosed to a third party operating in a non-EU country that offers weaker protection for trade secrets.
    • Access by the public sector to private data would be restricted by removing the “exceptional need” ground, leaving only “public emergencies” and related mitigation and recovery measures would constitute valid grounds for disclosing private-sector data to a public-sector entity.

    Status: Proposal submitted on 19 November 2025.

    • Next steps: Digital Omnibus package is currently under consideration by the European Parliament and the Council.

    (Last updated 7 September 2026)

    Implemented in Finland as:

    Status: The legislation entered into force on 1 January 2026

    Competent authority: The Finnish Transport and Communications Agency (Traficom)

    (Last updated 7 September 2026)