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On 9 November 2023, the European Parliament adopted the Regulation on harmonised rules on fair access to and use of data (Data Act), including data transfer provisions. The Act includes requirements for international transfers of non-personal data. The Act states that data processing service providers will be required to adopt technical, legal and organisational measures to prevent the international transfer or governmental access to non-personal data which would breach national or EU law. Furthermore, the Act includes protections for trade secrets and trade secret holders aiming at preventing data breaches or data transfers to jurisdictions that don’t provide sufficient data protections and avoiding other entities from accessing the data to reverse-engineer the services of their competitors. The Act now goes to the Council for final approval.
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