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EU: Council adopts Data Act, concluding negotiations by EU co-legislators

The Council of the European Union announced, on November 27, 2023, the adoption of the Data Act, following the European Parliament's approval on November 9, 2023. 

What are the objectives and main elements of the Data Act?

The Data Act lays down rules for manufacturers and service providers to let their users (companies or individuals) access and reuse the data generated by the use of their connected devices. In addition, the Data Act:

  • facilitates the switching between providers of data processing services;
  • puts in place safeguards against unlawful data transfer;
  • provides for the development of interoperability standards for data to be reused between sectors; and
  • gives both individuals and businesses more control over their data through a reinforced portability right.

Regarding the governance model, the Data Act gives Member States flexibility to organize the implementation and enforcement tasks at the national level. Where required, a coordinating authority will act as a single point of contact and be labeled as 'data coordinator.'

Next steps

Following the adoption by the Council, the Data Act is expected to be published in the Official Journal of the EU in the coming weeks and will enter into force on the 20th day after such publication. Thereafter, most of the provisions of the Data Act will apply 20 months from the date of its entry into force.

You can read the press release here and the Data Act here.

Update: December 22, 2023

Council of the European Union publishes the Data Act in the Official Journal of the EU

On December 22, 2023, the Council of the European Union publishes the Data Act in the Official Journal of the EU. The Data Act will enter into force on January 11, 2024, while the main provisions of the Data Act will apply from September 12, 2025. In addition, specific requirements related to data sharing agreements will only apply from September 12, 2027.

You can access the Data Act here