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European Union Data Law

On February 23, 2022, the European Commission presented a proposal for an EU regulation—the Data Act—that establishes harmonized rules for fair access to and use of data.

The aim of this proposal is to remove barriers to data access for consumers and businesses in a context where the volume of data generated by humans and machines is exponentially increasing and becoming a critical factor for innovation (e.g., algorithm training and shaping smart cities).

The proposed law sets common rules for sharing data generated through connected products or related services (e.g., the Internet of Things, industrial machinery), ensuring fairness in data sharing agreements and allowing public sector entities to use data held by businesses when there is an exceptional need (e.g., general emergencies).

Additionally, the proposed law introduces new rules to facilitate transitions between cloud service providers and other data processing services, and implements measures against illegal international data transfers. The Council and Parliament are currently trying to define their positions on this proposal. This regulation could lead to significant changes in data governance practices across Europe.

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