DATA ACT
The new rules on data access and sharing
Contracts, cloud and switching: the Data Act changes who can access the data generated by connected products, and on what terms. What it means for those who produce or use it.
The Data Act introduces a right of access to the data generated by the use of connected products and related services, reshaping the relationships between manufacturers, users and third parties. It concerns makers of connected devices, providers of related services, businesses offering data processing services such as the cloud, and anyone who wants to use that data. The implications are mostly contractual: what can and cannot be set out in data-sharing agreements, how to handle access requests, which unfair clauses become void, how to make switching between cloud providers easier. I frame the organisation's position under the regulation, identify the obligations and rights that concern it and adapt contracts and processes, keeping the Data Act together with the GDPR where the data at stake is also personal.
WHAT IT INCLUDES
What it includes
Framing under the regulation
Identifying the organisation's role, from connected products to cloud services, and the obligations that follow.
Data access rights
Handling requests for access to and sharing of data from users and authorised third parties.
Data-sharing contracts
Reviewing and drafting agreements, with attention to clauses made void or unfair by law.
Switching between cloud providers
Adapting cloud service contracts to the obligations on portability and switching between providers.
Coordination with the GDPR
Managing the interplay between personal and non-personal data, where the Data Act meets data protection.
WHO IT IS FOR
Who it is for
The service is designed for makers of connected devices and providers of related services, for businesses offering cloud and data processing services, and for those who want to access the data generated by third-party products to build new services on top. It is the reference point for understanding how contracts and processes change as the regulation comes into application.