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Thoughts on EU Data Act Proposal


On 23 February, the European Commission published its proposal for a Data Act –  new rules on who can use and access data generated in the EU across all economic sectors. The Data Act is the second legislation in the EU’s data strategy and is in line with the Open Data Directive.

As promised by the Commission, the Data Act is part of the broader EU digital strategy and 2030 digital objectives. The Commission is keen for the EU to retain its global leadership role, driving robust standards for a digital age. The Data Act is designed to rebalance control and power over data and hands more control back to consumers and small and medium-sized enterprises (SME) to more broadly unlock industrial data.

At first glance, the proposal appears to be a step in the right direction of ensuring citizens have power over their own data. Interoperability remains key to empowering citizens and enabling better sharing online. The predominant model of sharing – where content created on large platforms is owned and monetized and where algorithms can foster the spread of misinformation and fake news – is failing citizens and democracies alike.

Core elements of the Act include:

As the legislative debate heats up it would be good to see more focus on interoperability as it applies to better sharing online. There must be an opportunity to place citizens at the heart of this legislative proposal to ensure we have better sharing online in the public interest. Creative Commons looks forward to being part of this conversation.

An open public consultation on the Data Act ran between 3 June and 3 September 2021 and gathered views on measures to create fairness in data sharing, value for consumers and businesses.

The results were published on 6 December 2021.


Posted 24 February 2022