The main provisions of Regulation (EU) 2023/2854, commonly known as the Data Act, became applicable on 12 September 2025. The Regulation introduces a new legal framework governing access to, use of and sharing of data generated by connected products and digital services.

The new rules grant users of connected devices, industrial machinery, vehicles, smart home systems and Internet of Things products specific rights to access the data generated through the use of such products. In certain circumstances, users may also request that this data be made available to third parties.

The Data Act imposes new obligations on manufacturers, digital service providers and other businesses processing data generated by connected products. Companies are required to review their contractual terms, data-sharing procedures and technical measures to ensure that users can effectively exercise the rights granted under the Regulation.

The new framework is particularly significant in business-to-business relationships, as it seeks to facilitate data sharing and reduce situations of economic dependency resulting from the exclusive control of data generated by connected products and digital services.

Compliance with the Regulation also requires careful coordination with legal rules concerning intellectual property, trade secret protection, personal data protection and cybersecurity. In many sectors, businesses will therefore need to reassess their contractual and organisational arrangements in order to balance data access requirements with the protection of their technological and commercial interests.

The Data Act represents one of the most important legislative initiatives within the European data economy and is expected to reshape the relationship between manufacturers, service providers and users of connected products, creating both new opportunities and new compliance obligations for businesses.

categoria:European Case Law