Data Act

What it means

The Data Act is the EU regulation on fair access to and use of data. It gives users of connected devices, such as machines, cars, smart meters or home appliances, the right to obtain the data their devices generate and to share them with third parties such as a repair service.

The regulation applies from September 2025 and complements the GDPR: while the GDPR protects personal data, the Data Act also covers non-personal industrial data. From September 2026, makers of new products must design devices so that users can access the data easily.

The second major part makes it easier to switch cloud providers. Providers must remove obstacles to switching, enable data export and gradually abolish switching charges, so the regulation tackles vendor lock-in.

How it works in practice

A manufacturer using internet-connected machines can ask the machine maker for operating data and use it, for example, for predictive maintenance with an independent service provider. The maker may not restrict access unnecessarily or tie it to unfair contract terms.

In cloud service contracts, check the notice period, the data export format and any data transfer charges. The Data Act sets maximum switching periods and bans terms that would in practice make moving to another provider impossible.

Companies should know what data their products and services generate and who has access. Good data governance makes it easier both to handle user requests and to protect trade secrets, which the regulation expressly takes into account.

What to watch out for

The Data Act does not remove trade secret protection, but a manufacturer cannot use it as a blanket excuse to refuse access. It must show specifically why disclosure would cause serious harm and agree on protective measures.

If device data include personal data, such as a driver's location, the GDPR applies alongside the Data Act. The right to data portability and the new Data Act rights complement each other, but sharing still needs a legal basis and adequate security.