Search
Contact
14.03.2022 | KPMG Law Insights

The EU Data Act – Promising Approach or Further Obstacles?

The new EU Data Act is just around the corner. Promising approach or further impediments? We have already had a look at the design.

The regulation of digitization and data use is gaining new momentum. On February 23, 2022, the European Commission is expected to present the final draft of the Data Act, also known as the “Regulation of the European Parliament and of the Council on ensuring fairness in the allocation of value across the data economy” (“Data Act”).
We have already taken a look at the draft, which has not been officially published.

The Data Act is one of the European Commission’s many legislative initiatives as part of its data strategy aimed at improving fair access to and use of data. In this way, the European single market for data is to be strengthened across all sectors. Unlike the GDPR, the focus here is not on personal data, but on data in the true sense and thus on all digital representations of actions, facts or information.

The addressees are all companies active in the EU that collect data, process it, use it in their products or offer related services. This means that almost all companies that use data in some way for business purposes fall within its scope. Only micro and small enterprises are explicitly excluded.
Here are the main points:

  • Data Access By Default: Products and services must be designed to provide users with easy access to the data generated by their use.
  • Right of access to data: Companies are obliged to provide “users” (individuals or organizations) with access to the data they have helped to create. The idea is to provide access “in real time” and free of charge.
  • Improved interoperability: Users should be able to switch between different providers easily and free of charge.
  • Gatekeepers: So-called gatekeepers (providers of large online platforms) may not ask users to share their data with or receive data from gatekeepers. The term gatekeeper is defined in this context by the separate Digital Markets Act.
  • Sanctions: Enforcement of the Data Act is the responsibility of the authorities of the member states. In this context, violations are to be sanctioned, with any sanction requirements to be determined by the member states at the national level. It is expected, however, that the data protection authorities will also be able to impose sanctions for certain violations in accordance with the fine provisions of the GDPR.

 

Outlook

The target direction is correct. To boost the data economy in Europe, it is essential that the commercial use of machine data is opened up to the market and accompanied by clear rules. The approaches to create a certain interoperability is also very useful. However, many practical aspects are open.

The obligation to share self-generated data is a clear encroachment on contractual freedom. A close examination of proportionality is appropriate here. It should also be borne in mind that such a sharing obligation naturally lowers the willingness to invest in generating high-quality data.

High-value data are valuable trade secrets in many areas, and the draft so far contains only rudimentary approaches to protection. Although shared data may not be used for the development of competing products, it is also unclear how compliance with this obligation is to be ensured.

It remains exciting to see what content will ultimately make it into the release in just under two weeks. One thing is certain: the Data Act will result in numerous obligations for digital companies and will require extensive process adjustments in the long term.

Explore #more

06.06.2025 | KPMG Law Insights

Business Travel and Assignment in the USA: What you need to know about US immigration

The recent changes in US immigration rules are causing uncertainty worldwide. In particular, since the new US government took office, processes regarding entry into the…

02.06.2025 | Deal Notifications

KPMG Law and KPMG advise Diehl Defence on the acquisition of e.sigma

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Diehl Defence GmbH & Co. KG (Diehl Defence) on the complete acquisition of…

27.05.2025 | KPMG Law Insights

Cell Phone Inspections at US Border and Beyond: What to Expect

Key facts: U.S. immigration officials monitor public social media data and travelers should be prepared to share details about their personal social media accounts. All…

14.05.2025 | KPMG Law Insights

BGH on customer installations: Decision orders application in line with the directive

In a ruling dated May 13, 2025, the BGH classified the supply infrastructure in the specific case of a residential complex in Zwickau as a…

13.05.2025 | In the media

KPMG Law expert in Spiegel article on energy policy

Dirk-Henning Meier, Senior Manager in the energy law department at KPMG Law, is quoted in a recent article on energy policy in Der Spiegel.…

13.05.2025 | Career, In the media

azur Karriere Magazin – All AI or what?

Artificial intelligence has long since arrived in law firms and legal departments. But dealing with it is a skill that needs to be learned. Many…

13.05.2025 | KPMG Law Insights

Initial experience with the Single-Use Plastics Fund Act: what manufacturers should bear in mind

Beverage cups, foil and plastic cigarette filters litter streets, parks and sidewalks. The cleaning costs are borne by the local authorities. The Disposable Plastics Fund…

07.05.2025 | KPMG Law Insights

Termination of fixed-term rental agreements in the case of pre-leasing

In the case of a pre-leasing, the tenancy only begins at a later date, usually the handover date. In such cases, the contracting parties usually…

06.05.2025 | In the media

Wirtschaftswoche honors KPMG Law

KPMG Law was named “TOP Law Firm 2025” in the field of M&A by WirtschaftsWoche. Ian Maywald, Partner at KPMG Law in Munich, was…

Contact

Francois Heynike, LL.M. (Stellenbosch)

Partner
Head of Technology Law

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

Tel.: +49-69-951195770
fheynike@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll