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On 24 March 2023, the Council of the European Union adopted its position on the Data Act (Regulation on harmonised rules on fair access to and use of data), including data transfer provisions. The Act includes requirements for international transfers of non-personal data and states. Data processing service providers must take technical, legal and organisational measures to prevent the international transfer or governmental access to non-personal data which would breach national or EU law. The Council amended several parts of the Commission's proposal, providing a more precise definition of scope and clarifications on the interplay between existing legislation such as General Data Protection Regulation, the protection of trade secrets and intellectual property rights. Furthermore, the Council added additional contractual transparency obligations on international access and transfer and expanded the provider's obligations to protect the data it stores against unlawful international governmental access and transfer.
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