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Data Act: Parliament's position

Last week, the EU Parliament adopted its position regarding the Commission’s Data Act proposal.

Highlights



MEPs aimed to have a long-term vision focusing on a competitive and innovative concept and considering artificial intelligence. The goal is to have a regulation that could apply to new situations.

Furthermore, Parliament tried to focus their amendments on guaranteeing that consumers and companies are safe and ensuring that neither country nor government would have easy access to their data. MEPs paid special attention to protecting sensitive commercial data and respecting intellectual property rights.

Which companies are in the scope?

There is no difference in the company’s origin - the legislation will apply to foreign companies too.

Main changes

Parliament added several amendments to the chapters related to obligations. Regarding the obligations to make data accessed from connected products or generated during the provision of related services accessible to the user, the major changes are related to the following:

  1. The way that connected products shall be designed and manufactured.

  2. The information that the manufacturer, or where relevant, the vendor, needs to provide before concluding a contract for the purchase of a connected product.

  3. How should the agreement be in case the user concludes the contract

They also added obligations to data recipients and data holders and more unfair contractual terms unilaterally imposed on an enterprise (art 13).

When will the legislation starts to apply?

It shall bow apply from 18 months after the date of entry into force.

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