Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act)

What it is

to set harmonised rules on fair access to and use of data (Data Act). PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND : the volume of data generated by humans and machines has been increasing exponentially in recent years. Most data are unused however, or its value is concentrated in the hands of relatively few large companies. It is therefore crucial to unlock such potential by providing opportunities for the reuse of data , as well as by removing barriers to the development of the European data economy in compliance with European rules and fully respecting European values. The European Parliament adopted by 500 votes to 23, with 110 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act). The issue was referred back to the committee responsible for inter-institutional negotiations. Parliament clarified that the proposed Regulation should lay down harmonised rules on: - the design of connected products to allow access to data generated by a connected product or generated during the provision of related services to the user of that product; - data holders making available data they accessed from a connected product or generated during the provision of a related service to data subjects, users or to data recipients, at the request of the user or data subject; - the making available of data to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need in the public interest; - introducing safeguards against unlawful international governmental access to non-personal data; and - providing for the development of interoperability standards and common specifications for data to be transferred and used. The Data Regulation aims to boost innovation by removing barriers obstructing consumers and businesses’ access to data. The legislation will clarify who can access data and under what conditions. It will allow a wider range of private and public entities to share data. To void the fragmentation of the internal market, it is necessary to lay down a harmonised framework specifying who, is entitled to use accessible data collected, obtained or otherwise generated by connected products or related services, under which conditions and on what basis. - obliges manufacturers of connected products and providers of related services to design their products and services in such a way that users of a connected product or related service in the EU can access, in a timely manner, the data accessible from the product or generated during the provision of a related service and that those users can use the data, including by sharing them with third parties of their choice; - requires data holders to make data available to users and to data recipients designated by those users; - provides that data holders should make data available to data recipients in the Union on fair, reasonable and non-discriminatory terms and in…

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