EU's Data Act: New Rules for Non-Personal Data Access, Portability, and EU Representative Mandate
The EU is set to introduce the Data Act on September 12, 2025, aiming to regulate non-personal data across various sectors. This new legislation will impact manufacturers, cloud providers, platform operators, and users, promoting fair access and use of data while protecting intellectual property rights and business secrets.
At the heart of the Data Act is the requirement for non-EU companies offering services in Europe to appoint an EU Representative, responsible for handling data-related issues and representing the company under EU data legislation (Art. 27 DSGVO). This role is mandatory for companies processing personal data of EU citizens, regardless of service fees.
The Data Act also focuses on data portability. It aims to make data directly transferable to third parties, simplifying the process of switching providers. Barriers to switching cloud services will be removed, and switching fees gradually abolished.
Authorities can access data under strict conditions during crises, ensuring public safety. Meanwhile, users of connected devices will gain the right to access the data they generate.
The EU Data Act, coming into force in 2025, will significantly impact how non-personal data is handled across sectors. It will facilitate data portability, promote fair access, and protect intellectual property rights. Companies outside the EU offering services in Europe must prepare for the new requirements, including appointing an EU Representative.
