Netherlands: Announced Dutch Implementation Legislation of the EU Data Act (Directive (EU) 2020/1828)

On 30 August 2024, the Dutch implementation legislation of the EU Data Act (Directive (EU) 2020/1828) was announced. The Council of Ministers of the Netherlands is planning to forward the legislation to the Council of State for advice, after which it would be considered by the legislative Chambers. The Data Act contains rules regarding consumer and business control over digital data, such as data from smart devices like speakers, thermostats, and industrial machines, by establishing new rules for data access, sharing, and fair competition. The Act also includes on facilitated switching, allowing transitions between cloud services and connectivity among different cloud providers, and fair data sharing, establishing rules for reasonable compensation for data sharing, dispute resolution, and addressing unfair contract terms.