EU Data Act: a practical guide to the new European Data Regulation

​September 12, 2025, marked an important date for the European data management landscape. On this day, Regulation (EU) 2023/2854, known as the EU Data Act, fully came into effect. It is part of the EU strategy to promote a fairer, safer, and more innovative use of digital data generated by connected products and services.

The purpose of the Data Act is to remove barriers to data flow by guaranteeing users, whether businesses or consumers, the right to access data produced by their devices and to share it with third parties of their choice. This regulation is fundamental to promoting transparent data-sharing practices, protecting small and medium-sized enterprises, facilitating switching between cloud service providers, and supporting digital innovation across Europe.

What changes with the entry into force of the Data Act?

The Data Act introduces binding new rules concerning:

• access to and sharing of data generated by connected devices (IoT, industrial machinery, cloud platforms);
• prevention of data withholding by manufacturers or service providers, ensuring that users, business partners, and in some cases public authorities, can access relevant data;
• fairer and more transparent contractual clauses in data negotiations between businesses, with special protection for SMEs;
• rules on data portability and easier switching between cloud service providers to encourage a more dynamic and competitive digital market;
• transparency obligations regarding costs related to switching cloud services, with a progressive phase-out of such costs expected by 2027.

Why is the Data Act strategic for European businesses?

The regulation fits within a broader framework of European legislation aimed at digital sovereignty, innovation, and creating a single data market. For many companies, the Data Act is not only a regulatory obligation but also an opportunity to improve data management strategies, foster collaborations based on quality data, and compete on equal footing with larger or international players.

SMEs, in particular, will benefit from increased negotiating power for access and data processing, along with reduced risks of abusive contractual clauses imposed by stronger partners. Furthermore, the push toward greater interoperability and transparency is expected to enhance innovation and operational agility.

With the Data Act now in force, specialized legal consultancy becomes crucial to ensure regulatory compliance and fully seize the advantages of the new framework.

Currently, EU organizations face a very complex regulatory landscape. In addition to the Data Act, they must navigate other new regulations such as the Data Governance Act, the AI Act, the Digital Services Act, and the Digital Markets Act, while also complying with established legislation like the GDPR. Meanwhile, the regulatory environment is expected to evolve further with upcoming acts such as the Digital Fairness Act.

This complex framework can pose a significant challenge for companies seeking to ensure compliance and leverage the benefits of a fair and transparent digital market.

van Berings’ specialized team, with its international experience and deep expertise in EU digital law, stands ready to support clients in this journey, providing targeted consultancy and assistance in compliance processes, contract drafting, data governance, and engagement with regulatory authorities, enabling businesses to face new legislative challenges with confidence and competitive advantage.