The Data Act enhances safe and innovative use of data
The Data Act (DA) is a key component of Europe’s digital strategy. It came into effect in January 2024, aiming to improve the availability and use of data within the EU’s internal market. The Data Act sets rules for sharing and utilizing data between different entities, primarily focusing on connected devices (e.g., IoT devices) and the data generated by related digital services. Going forward, the data generated from the use of the service will primarily belong to the user of the devices and services.
The Data Act is also designed to foster innovation and competition by enabling the development of new services and business models powered by data. Furthermore, it protects companies from unfair contract terms and ensures that even smaller players can offer data-based services.
We assist our clients with various issues related to the Data Act, including:
- Current state analysis and development plan: with the analysis, we identify if the client’s business, or parts of it, fall under the scope of the Data Act, and create a plan to ensure compliance. It is also crucial to identify what data within the company is subject to data-sharing obligations.
- Identifying and protecting trade secrets: does the data subject to sharing obligations contain trade secrets, either from the client or third parties? Trade secrets are excluded from the sharing obligation and should be proactively protected through agreements.
- Does the data subject to the sharing obligation contain personal data? If the data subject to the sharing obligation includes personal data, data protection regulations must also be observed alongside the Data Act.
- Data management and transfer: how will the data under the sharing obligation be managed, and how will access to it be provided to the user?
- Contracts: the Data Act brings significant changes to corporate contracts and data management. Contract terms must be fair and define the conditions for data sharing and data usage rights.
- Training: we provide tailored training for your personnel, or shorter briefings on the Data Act. Training customized to your business and industry helps employees understand the practical implications of the legislation. This training can also be delivered through a digital platform.
Contact us to ensure that you can leverage data safely and efficiently while maintaining compliance with EU regulations.
Our team
Saara Ryhtä, Kimmo Oila, Erika Leinonen, Kimmo Suominen, Marko Moilanen, Mikko Koskinen ja Robin Eklund.
