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European Union

EU Data Act (Regulation (EU) 2023/2854): Business Compliance Checklist—IoT Data Access/Portability, Smart Contracts, Unfair Terms, Switching Data Processing Services, Interoperability and Non-personal Data Transfers

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This checklist outlines the key requirements of Regulation (EU) 2023/2854, the EU Data Act

It sets out what businesses must adhere to, including the following areas:

  • data access and portability
  • smart contracts
  • prohibition on unfair contractual terms
  • right to switch services (operability)
  • open interoperability
  • rules on international data transfers

The EU Data Act is designed to foster business-to-business (B2B) and business-to-consumers (B2C) data sharing from Internet of Things (IoT) devices, promoting fair use of data and enabling the EU to realise the full potential of its data economy.

It represents the second major legislative step under the European strategy for data, following Regulation (EU) 2022/868, the EU Data Governance Act.

Where the EU Data Governance Act establishes the mechanisms and structures that allow companies, individuals and the public sector to share data, the EU Data Act determines who may generate value from data and under which conditions.

The EU Data Act entered into force on 11 January 2024 and will start to apply on 12 September 2025...

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Web page updated on 28/05/2026

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