ARTICLE · 04 FEBRUARY 2026
The Data Act – Part I: Key Considerations Regarding Data Access And Sharing
The EU Data Act, which became applicable on 12 September 2025, fundamentally reshapes how businesses handle data generated by connected devices and related services. With Ireland's General Scheme published in February 2026 designating ComReg and CCPC as enforcement authorities, companies must now assess their compliance obligations across data sharing frameworks, contractual terms, and user access rights or face significant fines.
On 12 September 2025, the Data Act (EU Regulation 2023/285), a key cornerstone of the EU’s data strategy, became applicable across the EU. The Data Act empowers users (comprising both consumers and businesses) by giving them greater control over the data generated by their connected devices and related services.
The Data Act has arguably slipped under the radar with recent focus in the EU on building frameworks to ensure compliance with the new regulatory regimes around AI and cybersecurity measures. However, given the breadth of entities that can be in scope, particularly as a result of the broad extra-territorial rules, and the significant fines for non-compliance, businesses must assess the potential application of the Data Act to their products and services.
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