New LOSCHELDER publication: The new Data Act (DA) with Data Governance Act
The Data Act, an EU regulation, is intended to strengthen the internal data market in the EU and boost the data economy. One of the first publications on this fundamental set of rules was published on October 4, 2024 with the practical handbook on the new legal framework for the use and transfer of data.
The Data Act leads to far-reaching obligations for companies that manufacture and offer IoT products. They must provide users with real-time access to the data generated during use. This applies to vehicles, smartphones, digital building management systems and smart home applications, e-books and smart TVs, robots and digitized machines in industry. As potential data recipients authorized by users, new providers will be able to offer maintenance, support and value-added services, which they were previously unable to do due to a lack of sufficient data.
In addition, the Data Act requires simple migration from a cloud offering to a comparable service, fair clauses for data use and far-reaching interoperability.
The new introductory volume on the Data Act published by Nomos-Verlag presents all of these regulations, puts them into a practical context and thus provides all potentially obligated and authorized parties with a comprehensive overview of and access to the new law.
The introduction to the Data Governance Act (DGA), which was published last year and creates a legal framework for access to (industry) data (e.g. mobility and health data) and its further use, has also been comprehensively updated in this introductory volume.
Our experienced data law practitioners will guide you safely through the maze of new obligations under the Data Act and Data Governance Act and, in particular, show you what rights and obligations exist with regard to the transfer of data from companies to users and other companies, what obligations providers of networked products and connected services are subject to, what consequences the new law has for the drafting of contracts, what cloud providers must do to enable switching between different services, in which constellations companies must transfer data to authorities and what requirements apply to data-related smart contracts.
The second edition of the practical handbook, now published by Nomos, explains the newly defined terms such as data controller, interoperability, unfair contract terms in a practical and understandable way and provides precise information on when companies must provide or may use data and what leeway the new rules open up. In addition, the distinction to existing data protection and trade secret regulations is worked out. As before, the introductory volume also includes detailed explanations of the provisions of the Data Governance Act - already taking into account the draft of the German DGA Implementation Act.
The practical handbook is aimed at providers and manufacturers of networked products and connected services, cloud providers and users, data intermediaries, data altruistic organizations, data protection officers, authorities, the legal profession, in-house lawyers, companies, trade associations, research institutions and European institutions.
The various topics were dealt with by the team of authors Dr. Kristina Schreiber, Dr. Patrick Pommerening and Philipp Schoel.
