On 23 February 2022, the European Commission presented its proposal for a new Data Law, as part of the European Data Strategy. The aim of this law is to put the EU at the forefront of an information-based society and to enable the economic and social exploitation of data. It seeks to create a single market that facilitates the free flow of data within the EU and between sectors, benefiting businesses, researchers, public administrations and society at large.
The Data Act proposal is based on a public consultation conducted in 2021 and seeks to ensure fairness in data exchange and value for consumers and businesses. Rules are laid down on who can use data generated in the EU in all economic sectors and how to access it. The law will promote fairness in the digital environment, stimulate a competitive data market and make data more accessible to all. It is expected to generate an additional GDP of 270 billion euros by 2028.
The proposed Data Act includes measures to enable users of connected devices to access and share data generated by them, to balance the bargaining power of SMEs in data exchange, to facilitate access to private sector data by public bodies in exceptional situations, to establish safeguards for data transfer in the cloud and to review aspects of the Databases Directive to ensure access to and use of data from the Internet of Things.