LEGAL NEWS IN THE SPOTLIGHT | Data Act applicable from 12 September 2025

Data Act to Enter into Force

On 12 September 2025, the Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonized rules on fair access to and use of data, better known as Data Act (Data Act) has become applicable. However, some obligations will follow a staggered timeline: requirements on accessibility by design will apply to products placed on the market as of 12 September 2026, while rules on unfair contractual terms will come into effect from 12 September 2027. The Data Act aims to strengthen the EU’s data economy and promote a competitive data market by improving access to, and use of, data, particularly industrial data. It seeks to unlock data-driven innovation, expand availability, and empower users of connected products (whether businesses or individuals, owners, lessees, or renters) by giving them greater control over the data they generate. At the same time, it safeguards incentives for those investing in data technologies. Furthermore, the regulation sets out general conditions for cases where businesses are legally required to share data with other businesses.

Newsletter n. 110 – August/September 2025