DATA PROTECTION | EU Commission releases updated version of FAQs on Data Act

On 3 February 2025, the European Commission published version 1.2 of the Frequently Asked Questions (“FAQs”) on Regulation (EU) No. 2023/2854 of 13 December 2023 (the Data Act). Among the key updates, the EU Commission has clarified how to distinguish raw data and pre-processed data, which are subject to mandatory data-sharing obligations, from inferred and derived data which remain excluded from such obligations. The FAQs also elaborate that the application of anonymization, pseudonymization or encryption technologies alone to raw and pre-processed data does not necessarily turn such data into inferred or derived ones.  Additionally, the Commission further clarifies the meaning of exclusion of “content” from the scope of data under Chapter II of the Data Act. Indeed, the Data Act draws a clear distinction between data and “content,” which includes textual, audio, and audiovisual materials that are often protected by intellectual property rights.  These clarifications aim to guide businesses in complying with the Data Act, which will become applicable on 12 September 2025.

Newsletter n. 105 – March 2025