Germany: Independent data protection supervisory authorities of federal states issued statement on Draft Act for implementation of Regulation (EU) 2023/2854 on fair access to and use of data

On 13 March 2025, the independent data protection supervisory authorities of the federal states issued a statement on the Draft Data Act Implementation Act. The Act applies to businesses and public authorities handling data access and sharing under the Data Act. The Act designates the Federal Network Agency as the central supervisory authority, outlining its enforcement and monitoring responsibilities. The statement criticised the proposed supervisory structure of the Act, which shifts oversight of the General Data Protection Regulation - related obligations from state authorities to the Federal Commissioner for Data Protection and Freedom of Information. The statement argued that this contravenes European Union's law by fragmenting supervisory responsibilities, undermines constitutional principles by granting federal oversight of state authorities, and creates duplicate structures that could lead to regulatory uncertainty.