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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). In particular, the Act aims to ensure proportionate participation in the value of using data between businesses, consumers and public bodies. The Act includes interoperability requirements to facilitate switching data processing services providers and enable the use of data transmitted. The Council amended several parts of the Commission's proposal, including 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 amended the adoption process of the open interoperability specifications and harmonised standards and listed the technical issues the standards should address, such as semantic data interoperability and behavioural interoperability. The Council will now start negotiations with the European Parliament on the final version of the Data Act.
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