The EU Data Act Has Come Into Force - Scoping The Impact For Data Holders

The EU Data Act (EDA), which sets out new data sharing rules that will apply in respect of connected products, came into force on 11 January 2024. While its provisions will not be applicable for a while yet, businesses are likely to need the intervening period to scope out, and plan for, the impact that the EDA will have on their product designs, commercially sensitive information, terms and conditions, costs and GDPR compliance. This briefing takes a closer look at these areas of key concern to data holders.

1 Recap of the EDA's data sharing obligations

The EDA creates rights for users of connected products, whether they are individuals or corporate entities, to gain access to data (personal and non-personal data) that they generate from the use of the product or related services. Related services are those services the absence of which would prevent a connected product from performing one or more of its functions, or which are subsequently connected to the