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Formally adopted in November 2023, the Act will apply from 12 September 2025, giving organisations time to prepare for its far-reaching implications. The Act establishes harmonised rules for fair access to and use of data, particularly non-personal data generated by connected devices and services. It seeks to: Empower users with rights to access data they help generate. Promote data sharing across sectors to foster innovation and competition. Ensure contractual fairness, especially for SMEs, by curbing unfair terms in data-sharing agreements Chapters in the EU Data Act The new EU Data Act: European Commission proposes measures for a fair and innovative data economy – high-level purpose, scope, architecture. The scope of the EU Data Act: what’s in, what’s out? – detailed treatment of scope/exclusions. EU Data Act – now formally adopted (Part 1) – User access to data from connected products When do the design obligations under the Data Act apply? (Art. 3(1) & Art. 50) – design-for-access duties enabling user/third-party sharing. When data sharing and trade secrets collide: impact of the EU Data Act – tensions when sharing product/usage data. When data sharing and trade secrets collide: EU Data Act to cause friction in the automotive industry – OEMs being required to share data generated by connected vehicles with users and third parties, the design obligation to ensure data is accessible, portable, and machine-readable, the user’s right to access and control data generated by their use of connected products. EU Data Act – now formally adopted (Part 1) – Obligations to share data with third parties, protection of trade secrets and personal data. When data sharing and trade secrets collide: impact of the EU Data Act – tensions when sharing product/usage data. When data sharing and trade secrets collide: EU Data Act to cause friction in the automotive industry – OEMs being required to share data generated by connected vehicles with users and third parties, the design obligation to ensure data is accessible, portable, and machine-readable, the user’s right to access and control data generated by their use of connected products. EU Data Act – now formally adopted (Part 2) – cloud service switching, data portability, and interoperability & the importance removing vendor lock-in and enabling users to move data between platforms. EU Data Act – now formally adopted (Part 2) – data transfers outside the EU, adequacy, and safeguards. EU Data Act – now formally adopted (Part 1) – one pager on smart contracts EU Data Act – now formally adopted (Part 2) – technical standards and cross-platform data sharing. The EU Data Act & Local Legislation… What Member States need to cover – national transposition, authorities, penalties. Intellectual Property and the EU Data Act (Part 1) – database right/trade secrets interface. Agreement reached on the European Data Act – political deal and closing steps. Read more of our content on the EU Data Act below: The new EU Data Act: European Commission proposes measures for a fair and innovative data economy Agreement reached on the European Data Act EU Data Act -Now formally adopted EU Data Act – now formally adopted - part 2 Intellectual Property and the EU Data Act Part 1 When data sharing and trade secrets collide: EU Data Act to cause friction in the automotive industry When data sharing and trade secrets collide: impact of the EU Data Act When do the design obligations under the Data Act apply? The EU Data Act & Local Legislation… What the EU Member States need to cover in local legislation? The scope of the EU Data Act: what’s in, what’s out? The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website. Services Data Privacy Data Privacy, Security and Technology Industries Technology & Digital Key contacts Olaf van Haperen Partner Rotterdam, Netherlands Nils Müller Partner Munich, Germany \| Hamburg, Germany Maarten Stassen Partner Brussels, Belgium Dr. Anette Gärtner, LL.M (Edinburgh) Partner Frankfurt, Germany Caroline Lyannaz Partner Paris, France Robbert Santifort Partner Rotterdam, Netherlands Latest Insights legal updates COP31: Leaders’ Summit \| Resilient Cities and Built Environment  legal updates COP31: Leaders’ Summit \| Zero Waste - The business case for zero waste legal updates COP31: Energy and Transport – Electrification takes center stage in Antalya legal updates Algorithmic Management of Workforces: Is your business a “platform” without knowing it? 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Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. 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EU Data Act

An overview

September 12, 2025

AustriaBelgiumBulgariaCzech RepublicEstoniaFinlandFranceGermanyHungaryIrelandItalyLatviaLithuaniaLuxembourgNetherlandsPolandPortugalRomaniaSlovakiaSpainSweden

Austria

The EU Data Act (Regulation (EU) 2023/2854) marks a transformative step in the European Union’s digital strategy, aiming to unlock the value of data across sectors while safeguarding rights and innovation. Formally adopted in November 2023, the Act will apply from 12 September 2025, giving organisations time to prepare for its far-reaching implications.

The Act establishes harmonised rules for fair access to and use of data, particularly non-personal data generated by connected devices and services. It seeks to:

Empower users with rights to access data they help generate.
Promote data sharing across sectors to foster innovation and competition.
Ensure contractual fairness, especially for SMEs, by curbing unfair terms in data-sharing agreements

Chapters in the EU Data Act

CHAPTER I – General Provisions

The new EU Data Act: European Commission proposes measures for a fair and innovative data economy – high-level purpose, scope, architecture.
The scope of the EU Data Act: what’s in, what’s out? – detailed treatment of scope/exclusions.

CHAPTER II – Business to Consumer and Business to Business Data Sharing

EU Data Act – now formally adopted (Part 1) – User access to data from connected products
When do the design obligations under the Data Act apply? (Art. 3(1) & Art. 50) – design-for-access duties enabling user/third-party sharing.
When data sharing and trade secrets collide: impact of the EU Data Act – tensions when sharing product/usage data.
When data sharing and trade secrets collide: EU Data Act to cause friction in the automotive industry – OEMs being required to share data generated by connected vehicles with users and third parties, the design obligation to ensure data is accessible, portable, and machine-readable, the user’s right to access and control data generated by their use of connected products.

CHAPTER III – Obligations for Data Holder legally obliged to make Data available

EU Data Act – now formally adopted (Part 1) – Obligations to share data with third parties, protection of trade secrets and personal data.
When data sharing and trade secrets collide: impact of the EU Data Act – tensions when sharing product/usage data.
When data sharing and trade secrets collide: EU Data Act to cause friction in the automotive industry – OEMs being required to share data generated by connected vehicles with users and third parties, the design obligation to ensure data is accessible, portable, and machine-readable, the user’s right to access and control data generated by their use of connected products.

CHAPTER IV – Unfair Terms related to Data Access and Use between Enterprises

CHAPTER V – Making Data available to Public Sector Bodies and Union Institutions, Agencies, or Bodies Based on Exceptional Need

CHAPTER VI – Switching between Data Processing Services

EU Data Act – now formally adopted (Part 2) – cloud service switching, data portability, and interoperability & the importance removing vendor lock-in and enabling users to move data between platforms.

CHAPTER VII – International Contexts / Non-personal Data Safeguards

EU Data Act – now formally adopted (Part 2) – data transfers outside the EU, adequacy, and safeguards.

CHAPTER VIII – Interoperability

EU Data Act – now formally adopted (Part 1) – one pager on smart contracts
EU Data Act – now formally adopted (Part 2) – technical standards and cross-platform data sharing.

CHAPTER IX – Implementation and Enforcement

The EU Data Act & Local Legislation… What Member States need to cover – national transposition, authorities, penalties.

CHAPTER X – SUI Generis Right under Directive 1996/9/EC

Intellectual Property and the EU Data Act (Part 1) – database right/trade secrets interface.

CHAPTER XI – Final Provisions

Agreement reached on the European Data Act – political deal and closing steps.

Read more of our content on the EU Data Act below:

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Olaf van Haperen

Partner

Rotterdam, Netherlands

Nils Müller

Partner

Munich, Germany | Hamburg, Germany

Maarten Stassen

Partner

Brussels, Belgium

Dr. Anette Gärtner, LL.M (Edinburgh)

Partner

Frankfurt, Germany

Caroline Lyannaz

Partner

Paris, France

Robbert Santifort

Partner

Rotterdam, Netherlands

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© Eversheds Sutherland 2026. All rights reserved. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website. For information on Konexo please also see the Legal Notices page of this website.

EU Data Act

An overview

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