European Union: Adopted EU Parliament position on EU Data Act including data access requirements
Description
Adopted EU Parliament position on EU Data Act including data access requirements
On 14 March 2023, the European Parliament adopted on the first reading a version of the text of the Data Act (Regulation on harmonised rules on fair access to and use of data) in preparation for negotiations with the Council. In particular, the Act aims to ensure proportionate participation in the value of using data between businesses, consumers and public bodies. The Act seeks to facilitate access to data and review the rules on the legal protection of databases, to balance the rights to access data and the incentives to invest in data within the current data protection rules. The Act would provide a framework for the accessing and sharing of data. Specifically, the Act sets out under which circumstances data may be used to produce value, with a focus on data access rights. Under the Act, entities would be able to decide what data can be shared and the manufacturer could choose not to make certain data available “by design”. Furthermore, when companies draft data-sharing contracts, the law aims to rebalance the negotiation power in favour of SMEs, by shielding them from unfair contractual terms imposed by companies in a significantly stronger bargaining position.
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