Welcome to Update 2 in our series dedicated to keeping you informed about the Data Act and Data Governance Act. In today's update, we would like to draw your attention to the latest developments regarding the Data Act and the most important deadlines that you should be aware of.

Publication in the EU's Official Journal

As announced in our last Update, the Data Act was published on 22 December 2023 in the Official Journal of the European Union. 

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union - Article 50 of the Data Act 

Therefore, today (11 January 2024) marks the day the Data Act enters into force. 

Entry into force does not equal immediate applicability

While the Data Act comes into force today, its provisions are not yet applicable. In line with other EU regulations, the Data Act also contains transition periods affecting the applicability of its provisions.

Art. 50 of the Data Act provides for a phased entry into force of individual provisions:

1. General applicability:
   Most of the Data Act's provisions will become applicable 20 months from today. Organizations that fall within the scope of the Data Act will have until 12 September 2025 to adapt to the new requirements. 
2. Exceptions with longer transition periods for special provisions:
   1. The obligation to design or manufacture a connected product/related service in a way that the product and related service data is accessible by default ("access by design") (Article 3(1) of the Data Act) will become applicable 32 months from today (12 September 2026). 
   2. Provisions against the abuse of contractual imbalances will become applicable 44 months from today (12. September 2027) to contracts concluded on or before 12 September 2025 provided that these contracts are either of indefinite duration or last at least 10 years from 11 January 2024.

In Update 3, we will discuss the material and personal scope of the Data Act.