SME Chamber

Data Act: Commission proposes measures for a fair and innovative data economy

The European Commission proposed new restrictions on who can use and access EU data across all economic sectors on February 23, 2022. The Data Act would promote digital fairness, a competitive data market, data-driven innovation, and data accessibility. It will lead to new, creative services and cheaper repairs for linked products.

The proposal for the Data Act includes:

  • Measures to rebalance negotiation power for SMEs by preventing abuse of contractual imbalances in data sharing contracts. The Data Act will shield them from unfair contractual terms imposed by a party with a significantly stronger bargaining position. The Commission will also develop model contractual terms in order to help such companies to draft and negotiate fair data-sharing contracts.

  • New rules allowing customers to effectively switch between different cloud data-processing services providers and putting in place safeguards against unlawful data transfer.

Consumers and businesses will be able to access device data for value-added services like predictive maintenance. By having more information, consumers and users  may make smarter decisions like choosing higher-quality or more sustainable products and services, helping to Green Deal goals.

A competitive data market will provide businesses and industries more data. Aftermarket service providers will be able to offer more personalised services and compete with manufacturers. Data may also be used to create new digital services.

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