European Union: EU Data Act including rules on government access to data enters into force

On 12 September 2025, the Regulation on harmonised rules on fair access to and use of data (Data Act), including rules on government access to data, enters into force. The Act allows public sector bodies, the European Commission, the European Central Bank, and other Union bodies to request access to data from private entities when there is an exceptional need, such as responding to a public emergency or fulfilling specific legal obligations. Such requests are required to be substantiated by clear justification, to be proportionate to the specific circumstances, and to be explicitly delineated, including the specific data required, the intended use thereof, and the conditions under which it is to be erased. Data holders may refuse or request modification of requests under certain circumstances, such as if they lack control over the data or if the request does not meet legal criteria. Public authorities receiving data are obliged to protect trade secrets, maintain confidentiality, and utilise the data solely for its stated purpose. In certain cases, compensation may be provided for compliance with requests. Data obtained through exceptional need requests may also be shared with research organisations or statistical bodies, subject to the implementation of appropriate safeguards and oversight.