Welcome to Update 4 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 recently published Frequently Asked Questions (FAQs) by the European Commission on the Data Act.

Legal significance 

On September 6, 2024, the European Commission published an initial version of FAQs on the EU Data Act. The commission clarifies that the FAQs are intended to provide assistance to stakeholders in the effective implementation of the Data Act's provisions. The document clarifies that it does not reflect the European Commission’s official opinion, extends the rights and obligations from the Data Act or introduce additional requirements. Further, the views presented are not legally binding and do not restrict any further actions the European Commission may undertake, including positions before the Court of Justice of the European Union. The FAQs provide preliminary information and is expected to be updated regularly to address further questions and developments.

The content of the FAQs

The FAQs on the Data Act provide guidance on various aspects of the regulation, including its interaction with other EU laws like the GDPR, and its application to different types of data and services. Key topics covered include the scope of data access rights, the definition and treatment of connected products and related services, user rights and obligations, data holder responsibilities, and mechanisms for handling trade secrets and safety concerns. The document also addresses business-to-government data access, switching between data processing services, and the enforcement framework, including penalties and dispute resolution mechanisms.

Where to find the FAQs?

The FAQs can be found here.

Conclusion 

Although the EU Commission clearly states that the FAQs must not be seen as legally binding, it provides useful insights into the practical implications of the Data Act by breaking down its complex legal provisions for affected stakeholders. 

In Update 5, we will discuss the individual data sharing obligations under the Data Act.