EU Data Act
In force European Union · In force Jan 11, 2024 · next deadline Jan 12, 2027 (in 4 months)
Deadlines
Summaries for reference, not legal advice. Check the official text.
What it does
Gives users of connected products and related services the right to access and share the data those products generate, and sets rules for business-to-business data sharing. It bans unfair data-sharing contract terms imposed on businesses and lets public bodies obtain data in cases of exceptional need. Cloud and other data processing service providers must make switching easy, and switching charges are phased out.
- Who it applies to
- Manufacturers of connected products and providers of related services placed on the EU market; data holders and data recipients; providers of data processing services (cloud/edge) to EU customers; participants in data spaces. Micro and small enterprises are exempt from some data-holder obligations.
- Penalties
- Set by Member States (Art 40), which had to notify their rules by 12 Sep 2025. Where personal data is involved, data protection authorities may impose GDPR-level fines (up to EUR 20M or 4% of worldwide turnover).
- Enforced by
- National competent authorities designated by each Member State (data coordinator); data protection authorities for personal data; European Data Innovation Board (EDIB)
- Official name
- Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act)
- Citation
- OJ L, 2023/2854, 22.12.2023
- Topics
- data-access, privacy
Research notes
The Digital Omnibus proposal COM(2025) 837 would amend the Data Act and fold in the Data Governance Act, Free Flow of Non-Personal Data Regulation and Open Data Directive. Still under negotiation as of Sept 2026 (Legislative Train status 'tabled', 1 Aug 2026), so no Data Act dates have changed.
Related
Questions about EU Data Act
- What are the EU Data Act compliance deadlines?
- Jan 11, 2024: Data Act enters into force. Jan 11, 2024: Reduced switching charges period begins. Sep 12, 2025: Data Act applies. Sep 12, 2025: Member States notify penalty rules. Sep 12, 2026: Access-by-design for new connected products. Jan 12, 2027: Cloud switching charges abolished. Sep 12, 2027: Unfair-terms rules extend to older long-term contracts. Sep 12, 2028: Commission evaluation.
- When does EU Data Act take effect?
- EU Data Act took effect on Jan 11, 2024. The next milestone is Jan 12, 2027: Cloud switching charges abolished.
- Who does EU Data Act apply to?
- Manufacturers of connected products and providers of related services placed on the EU market; data holders and data recipients; providers of data processing services (cloud/edge) to EU customers; participants in data spaces. Micro and small enterprises are exempt from some data-holder obligations.
- What are the penalties under EU Data Act?
- Set by Member States (Art 40), which had to notify their rules by 12 Sep 2025. Where personal data is involved, data protection authorities may impose GDPR-level fines (up to EUR 20M or 4% of worldwide turnover).