EU digital legislation

Pursuant to the proposed Data Act (DA-Proposal) the data holder shall make available data to a third party upon the user's request. As part of the user's right to share data, the data holder must comply with a number of requirements.

The proposed Data Act (DA-Proposal) sets out rules for making data available to the user, third parties and public sector bodies. In the following, the user's right to access data pursuant to Art. 3 DA-Proposal is illustrated (as a reminder, "user" means a natural or legal person that owns, rents or leases a product or receives a service, Art. 2 No. 5 DA-Proposal). Companies that are considered data holders under the DA-Proposal are imposed a number of obligations as part of the user's right of access.

The proposed Data Act (hereinafter “DA-Proposal”) names a number of actors to whom the regulation would apply.

The European Commission has presented a proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act) to which the European Parliament and the Council of the European Union have meanwhile adopted their positions (you can find out more about the individual drafts in our overview of EU digital legislation). In the following, the Commission draft serves as a basis (hereinafter "DA-Proposal"). Where necessary, differences based on the Parliament and Council drafts are outlined.