European Data Act for fairer access to and use of data

What changes?

The goal of the European Data Act is to offer businesses, citizens, and governments more options to use and share data. These data are currently only or mainly available to the manufacturers of the appliances that generate the data. For example, the user data of smart devices.

The Data Act ensures that these data can be shared easily. Someone can then share data on their car use with a garage for repairs. Or the user of an industrial appliance can use the user data to improve their business processes. The Data Act also makes it easier to switch to another (cloud) service to store and/or process data.

Data Act measures are among others:

• Users gain insight into their devices’ data and can share the data with other parties.
• Government agencies will have access to private users' data if it is needed to safely respond to a public emergency, such as a natural disaster or cyber-attack.
• New rules are in place that make it easy to switch between two cloud service providers (which allow you to process data).
• 3 years after the Data Act comes into force, providers are no longer allowed to charge switching fees.
• Cloud service providers must make sure that users can use different services at the same time. This increases freedom of choice.

These new measures are in line with the Data Governance Act.

For whom?

• businesses
• citizens
• governments

When?

The EU Data Act is expected to enter into force on 12 September 2025. The majority of the rules governed by this law will then apply immediately.

Please note: The effective date of this measure is not yet final. Entry into force is subject to its passing through the Lower and Upper Houses (Tweede en Eerste Kamer) of parliament. After publication in the Staatsblad or Staatscourant (Government Gazette, in Dutch) the law can take effect.