Data Act — A New Era of Data Access Regulation in the European Union

A New Stage of the European Digital Economy

As of 12 September 2025, Regulation (EU) 2023/2854 of the European Parliament and of the Council, known as the Data Act, has entered into force. This regulation is a key component of the EU’s digital strategy, aimed at harmonizing the rules for fair access to and use of data across the European Union.

The Data Act is designed to strengthen Europe’s data-driven economy by increasing data availability, usability, and economic value. It establishes transparent rules defining who can access which data and under what conditions, ensuring a fair distribution of benefits derived from data processing.

Access to Data from IoT Devices and Services

With the rapid growth of the Internet of Things (IoT), vast amounts of data generated by connected products — from smart home appliances to industrial machines — have gained major economic importance.

The Data Act obliges manufacturers to provide end users (both individuals and businesses) with access to the data generated by their devices. IoT products must be designed to allow easy and secure access to such data. The new rules will apply to products placed on the market after 12 September 2026, giving manufacturers time to adapt.

As a result, users will gain real control over their data, while the market will benefit from a boost in data-based services and increased competitiveness.

New Obligations and Data-Sharing Principles

The Data Act introduces a set of rules aimed at balancing economic interests with the free flow of information. Key provisions include:

• Public sector access to private data in exceptional circumstances, e.g., during natural disasters or crises;
• Easier switching between cloud service providers (cloud switching) and greater transparency in the terms of such operations;
• Limiting abuses of contractual power in B2B relations by introducing fair and non-discriminatory access to data;
• Enhancing interoperability of systems and data formats, including cloud services and smart contracts.

The goal is to create an open yet secure data market that fosters collaboration and the development of innovative business models throughout the EU.

A New Data Philosophy in the European Union

The Data Act is more than just a technical regulation — it represents a new approach to data as a shared economic resource. It complements the Data Governance Act, in force since September 2023, which builds trust in mechanisms for voluntary data sharing.

Together, these regulations form a coherent foundation for a European data ecosystem based on trust, transparency, and equal access. The Data Act redefines the relationships between producers, users, and innovators — opening up data while ensuring accountability for how it is used.

Implementing the Data Act will require close cooperation between legal experts, cybersecurity professionals, and digital technology designers. The regulation marks a novel development in the European legal system, bringing both legal and technological challenges in its practical application.

The Data Act sets a new standard in the European legal order. Europe is shifting from a model where data was a closed resource to one based on sharing and responsible use of information.