The Data Act

The Data Act is a European regulation aimed at unlocking the potential of data to drive innovation and economic growth in Europe, while ensuring fair access and use across all sectors. The Data Regulation was adopted on Dec. 13, 2023, published on Dec. 22, 2023, and enters into force in Belgium from Sept. 12, 2025.

This new legal framework has far-reaching implications for companies that collect, process or use data. Below we discuss the core principles of the Data Act and what it means for Belgian companies.

What is the Data Act?

The Data Act is a horizontal legislation that establishes the rules for access to and reuse of non-personal data. The law aims to:

1. Sharing data between companies (B2B) facilitate,
2. Giving consumers and businesses more control over the data they generate,
3. Provide clear rules for sharing data with government agencies (B2G) in emergency situations, and
4. Create a level playing field for data services and abuse of power by large technology companies.

Scope

The Data Act applies to:

• All companies offering connected products (such as IoT devices) or digital services.
• Non-personal data generated by such products.
• Corporate agreements on data sharing.

Important distinction

The Data Act is not data protection act, such as the GDPR. It focuses on non-personal data, but can overlap with personal data when both types of data appear in one dataset. In that case, the rules of the GDPR apply to personal data and the Data Act to other data.

Key provisions of the Data Act

1. Right of access to data for users

Consumers and businesses will have the right to request access to the data generated by the products or services they use. This strengthens their position against manufacturers and data service providers.

Example:
A company using industrial machinery may require the machine manufacturer to provide access to operational data to perform better analysis or plan maintenance more efficiently.

2. Clear rules for B2B data sharing

The Data Act imposes new obligations on companies to fairly negotiate data-sharing agreements. Disproportionate contractual clauses, such as exclusive access for one party or excessive fees, will be prohibited.

3. Data for government purposes (B2G)

In exceptional situations, such as natural disasters or pandemics, the Data Act requires companies to share data with government agencies when necessary to protect public interests.

Example:
In the event of a flood, a utility may be required to share real-time water level data with the government to respond more quickly to the crisis.

4. Protection against unfair contract terms

The Data Act provides additional protection to SMEs by invalidating unfair contractual terms about data use. This applies, for example, to clauses that prohibit them from using or sharing their own data with third parties.

5. Interoperability of data services

The Data Act imposes technical requirements to ensure the interoperability of cloud services and data services improve. This makes it easier to transfer data from one service to another without lock-in effects.

Impact on Belgian companies

The Data Act has significant implications for companies in sectors such as technology, manufacturing, healthcare, and mobility. Here are some specific implications:

1. Access to more data: Companies can develop new services and drive innovation by accessing valuable data.
2. Adjustment of contracts: Companies must review their existing data-sharing agreements to comply with the new rules.
3. Compliance obligations: Companies must ensure that their systems are technically capable of sharing and exporting data according to interoperability requirements.
4. Opportunities for SMEs: The new protection against unfair contract terms opens up opportunities for smaller companies to access data previously beyond their reach.

Relationship to other legislation

The Data Act interacts with other European legislative initiatives, such as:

• The GDPR (General Data Protection Regulation) - for the protection of personal data.
• The Data Governance Act (DGA). - which provides rules for voluntary data sharing.
• The Digital Markets Regulation (DMA). - to prevent abuse of power by large technology platforms.

Together, these laws form a comprehensive framework for data regulation in the EU.

How can you prepare for the Data Act?

Belgian companies need to be well prepared for the new obligations and opportunities presented by the Data Act. Some steps you can take:

1. Analyze your data: Map out what data your company generates, collects and processes.
2. Review your contracts: Make sure existing data-sharing agreements are in line with the new rules.
3. Implement technical solutions: Provide systems that meet interoperability requirements and can easily provide data access.
4. Training and awareness: Make sure your legal and technical teams are aware of the new rules and their impact.