EU Data Act – understanding the issues

2025年11月6日

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    The EU Data Act aims to unlock access to data for those that help generate it in relation to connected devices and related services.  It also imposes new requirements to facilitate cloud service switching.  The legislation throws up significant complexities for those in scope which the European Commission has attempted to address through its FAQs , Standard Contractual Clauses for cloud switching, and Model Contractual Terms for data sharing.  But do these really deal adequately with the issues and tensions?  We take a look and provide some practical compliance points.

    EU Data Act cloud switching provisions – what do they mean for different parties and what are the sticking points?

    Chris Jeffery looks at the key issues for cloud service providers and their customers under the EU Data Act.

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    The EU Data Act SCCs: promise and pitfalls in cloud switching compliance

    Mike Vallance examines the EC's Data Act cloud switching SCCs and provides practical guidance on approaching cloud switching clauses.

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    The EU Data Act in practice: understanding and applying the Model Contractual Terms

    Axel von dem Bussche analyses the EC's draft MCTs - designed to help draft data sharing agreements in line with Data Act requirements.

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    EU Data Act FAQs – What’s new and what’s next?

    Erik Steiner looks at Data Act FAQs from clients and at what the EC FAQs have to say.

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    The EU Data Act: a strategic analysis for businesses

    Alexander Schmalenberger looks at some of the tensions between the Data Act and EU competition and contract law.

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    Protecting trade secrets under the EU Data Act: navigating the tension between data sharing and confidentiality

    Tim de Klerck and Solange Baris give practical tips on how to comply with the Data Act sharing provisions while protecting confidential information and trade secrets.

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    EU Data Act on a page

    Alexander Schmalenberger summarises the key provisions of the EU Data Act into a handy table

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    EU Data Act step plan

    A high-level guide to preparing for compliance.

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    Interaction of the GDPR and the EU Data Act

    Mike Vallance looks at synergies and differences between Data Act and GDPR compliance.

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    Data Act Weeks Vol. 1: Introduction to the Data Act

    A series of bite-sized insights on the EU Data Act.

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