Jurisdiction(s):
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Navigating overlapping EU digital laws: GDPR, DMA, DSA, Data Act, EU AI Act, DORA, NIS2 and CRA — compliance risks for gatekeepers and SMEs

Published on: 15 August 2023

Published by an LexisNexis Information Law expert

Legal News

Article summary

The EU Data Act

The EU Data Act seeks to hand people using Internet‑connected products, from fridges to smartphones, greater control over the information they generate. EU lawmakers approved it in June 2023 after fraught negotiations centred on safeguarding trade secrets, and it is slated for formal adoption before the close of 2023. Negotiators aimed to balance wider data access with protection of trade secrets.

A study financed by the Computer and Communications Industry Association, a technology lobby, argues the package will significantly, even dramatically, reshape the landscape for digital commerce in Europe and further afield. It foresees substantial consequences for leading US digital service providers that the European Union has designated as “gatekeepers”—large platforms expected to comply with regulatory duties—as well as for these firms’ hundreds of millions of trans‑Atlantic European business and individual customers.

From the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), in 2018 through to the EU AI Act still being negotiated, the cost of accessing the EU marketplace is ever‑heavier regulation. Under the European Parliament’s approach to the EU AI Act, for instance, providers would face data‑sharing obligations and be required to disclose a detailed summary of copyrighted material used to train AI...

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