The Data Act, effective from January 11, 2024, is set to revolutionise the digital landscape by fostering competition and innovation through enhanced data sharing across the digital supply chain. Recognising the immense data generated by connected products, the act aims to standardise the sharing of both personal and non-personal data from IoT devices.

Data Access

In the first video of this bite-sized series, Ciara Anderson, Senior Associate and Vivian Spies, Foreign Registered Lawyer from our Technology and Innovation Group introduce the key concepts of the Data Act including data access and sharing, as well as the provisions concerning the switching of cloud services.

Data Access and Sharing Obligations

In the second episode of our bite-sized video series on the Data Act, Ciara Anderson, senior associate and Fionn Henderson, associate in our Technology and Innovation Group discuss data access and sharing obligations. The scope of these obligations is extensive, covering any product that collects or generates data, which can be shared wirelessly or through a physical connection.

They delve into:

• New Rights: Consumers and businesses can now access, request, and share data from their connected products and services.
• Scope: This includes a wide range of IoT devices like laptops, smartwatches, smart home devices, connected cars, and more.
• Obligations: Data holders must provide data access either directly (through interfaces) or indirectly (via web portals), ensuring it’s easy and free for users.
• Types of Data: Covers product performance data, metadata, and data from related services.

Cloud Switching Provisions

In the final episode of our series on the Data Act, Ciara Anderson, Senior Associate and Shay Buckley, Associate in our Technology and Innovation Group delve into the cloud switching rules designed to enhance competition and minimise friction within the digital economy. The Data Act aims to prevent cloud service providers from locking in customers and obligates them to facilitate the process of switching providers. This encompasses various types of services, such as Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS), and Software-as-a-Service (SaaS), all of which involve storing and processing data remotely.