Brussels: Europe and the Arabs
With the aim of making the European Union a leader in our data-driven society, representatives of Member States have reached a common position (“delegation on negotiation”) that allows the Council to enter into negotiations with the European Parliament on proposed legislation regarding harmonized rules on fair access to and use of data (the Data Act) .
“Today's agreement will facilitate the digital transformation of our societies and economies. The Data Law will unlock the economic and social potential of data and technologies in line with EU norms and values. It will contribute to the creation of a single market to allow data to flow freely within the EU and across sectors for the benefit of companies, researchers, public administrations and society as a whole.”
According to Eric Slotner, Swedish Minister of Public Administration in remarks published on Friday evening, and according to a European statement in this regard, “The data law will give both individuals and companies more control over their data through the right of enhanced portability, or easy copying or transfer of data from various services.” , where data is created by smart objects, machines, and devices.The new legislation will empower consumers and businesses by giving them a say in what can be done with the data generated by their connected products.

The main issues that sustain the general direction of the Commission's proposal
The regulation proposes new rules about who can use and access data generated in the EU across all economic sectors. It aims to ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data accessible to all.

The proposal also aims to facilitate switching between providers of data processing services, set safeguards against illegal transfer of data by cloud service providers, and provides for the development of interoperability standards for data to be reused between sectors.

The common position of the Council maintains the general direction of the Commission's proposal, namely with regard to:

Measures to allow users of connected devices, ranging from smart home devices to smart industrial machines, to access data created by them, often harvested exclusively by manufacturers
Measures to prevent abuse of contractual breaches in data sharing contracts due to unfair contractual terms imposed by a party with a significantly stronger negotiating position
Means enabling public sector entities to access and use data held by the private sector that is necessary in exceptional circumstances, particularly in the event of a public emergency, such as floods and wildfires, or to carry out a legal mandate if the data is not otherwise available
The new rules allow customers to switch effectively between different cloud data processing service providers and put in place safeguards against illegal transfer of data
Major amendments to the Commission's proposal
The Council text modifies various parts of the Commission's proposal, including the following aspects:

Clearer definition of the scope of regulation, particularly in relation to Internet of Things (IoT) data, where the focus has been moved to the functions of data collected by connected products rather than the products themselves
Some explanations about the interaction between data law and existing horizontal and sectoral legislation, such as the Data Governance Act and the General Data Protection Regulation (GDPR)
Protection of trade secrets and intellectual property rights, accompanied by appropriate safeguards against abusive behaviour
Additional Guidance Regarding Reasonable Compensation for Data Access and Dispute Resolution Mechanisms
Some improvements to data sharing requests by public sector entities based on exceptional needs
Clearer and more applicable provisions for effective switching between data processing services