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European Union. Data access / sharing. Regulation (EU)

Data ActRegulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act)

Partially in force

§1Summary

Synopsis

Gives users of connected products and related services the right to access and share the data those products generate. It sets fair terms for B2B data sharing, allows public bodies to access data in exceptional need, and requires cloud and other data processing services to enable switching and interoperability. It also restricts unlawful third-country government access to non-personal data.

Key themes
  • IoT data access
  • B2B data sharing
  • unfair contract terms
  • cloud switching
  • interoperability
  • government access safeguards
Unique features

It imposes binding switching and egress-fee duties on all 'data processing service' providers (IaaS, PaaS, SaaS) and protects non-personal data from foreign government access.

SaaS relevance

SaaS providers count as 'data processing services' and must support customer switching: contract terms, a maximum two-month notice period, data export, reduced and then no switching charges, and transparency on jurisdiction.

§2Obligations

Extraterritorial
Yes
Breach notification
None
DPO
No
Cross-border transfers
Safeguards against unlawful third-country governmental access to non-personal data (Art 32)
Maximum penalty
Set by national law; GDPR-level fines where personal data rules infringed

§3Dates

Key dates
  • Adopted
  • In force
  • Applies generally from 2025-09-12. Product design duties (Art 3(1)) for connected products placed on the market from 2026-09-12. Cloud switching charges abolished from 2027-01-12. Unfair-terms rules extend to certain pre-existing contracts from 2027-09-12. Amendments proposed in the Digital Omnibus (pending).

§4Text and authority

Text
Authority
National competent authorities (data coordinator); DPAs for personal data aspects

§5Where it applies

Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

Status is 'Partially in force' because several provisions are phased. The Digital Omnibus may change trade-secret and switching rules; Council discussions in Oct 2026 focused on this.