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Data Law

Data is the key driver of digital transformation and an economy based on the use of artificial intelligence (AI). The European strategy for data aims to promote data sharing and create a single market for data that enables the European Union (EU) to play a leading role in a data-driven society. This entails the development of data processing infrastructure and data spaces but also the introduction of new legal rules for the data economy, bringing novel opportunities and legal challenges for all actors in the economy. 

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Law-Now: An overview of the Data Act
The Data Act is intended in particular to promote the flow and use of data....

EU Data Law

The EU aims to create a single market for data where:

  • data can flow freely,
  • EU law (in particular competition law and data protection) is effectively applied and
  • companies can access data under fair, practical and clear rules.  

For this purpose EU data protection legislation, in particular the EU Data Governance Act and the EU Data Act, introduces a comprehensive set of legal rules for accessing, sharing and using data.

Data Act – Legislative process

Get more expertise from the CMS team on these topics:

  • Access to data
  • Data spaces
  • Health data
  • Mobility data/Automotive data
  • Cloud change
  • Data litigation
  • Competition law and data law
  • Interface with trade secrets

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„Die IT- u. Datenschutzpraxis verteidigt ihren Platz in der Gruppe der Marktführer u. ist bei relevanten Entwicklungen am Puls der Zeit. Ein wichtiges Themenfeld bleibt die regulator. Beratung, zuvorderst die Plattformregulierung, die zz. von Themen wie KI geprägt ist.“

JUVE Handbuch 2023/2024

"Very good network between the departments; Short-term addition of required technical input possible at any time.", client

The Legal 500 EMEA, 2023

#1 in Information Technology

JUVE Handbuch, 2022/2023

#1 in Information Technology and Digitalisation

Legal 500 EMEA, 2023

#1 in TMT: Information Technology in Germany

Chambers Europe, 2023

Technology and Media Law Firm of the Year

JUVE Awards 2022

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28/11/2023
International Digital Regulation Hub
Following the EU Commission plan “A Europe fit for the digital age”, we have witnessed a lot of digital regulations in the EU including DMA and DSA, AI Act, Data Act and there is still more to come. Whilst presenting companies with a tumultuous landscape to navigate, the legal obligations imposed also present opportunities to develop their business in a new digital framework safeguarding responsible business practices, fair competition and personal data. The CMS Digital Regulation Hub is home to our Digital Regulation Tracker Tool, providing an overview of the key regulatory instruments for area of law, sectors and business activities which are critical for decision makers as they adapt to the increasingly digital landscape. In addition to this unique tool, we explore the impact this tsunami of regulation is having for businesses across a variety of industries and how GCs can ride the waves to stay ahead of the curve. Our latest re­port il­lus­trates the key findings across Platforms, Content providers, Life Sciences & Healthcare, Energy & Infrastructure, Banking & Finance and Automotive industries. To discuss how to cope with the challenges of Digital Regulations and to explore the opportunities for your business, please contact one of our International experts.
Publication
Artificial Intelligence
Implications for artificial intelligence and machine learning
Metaverse
Digital Transformation
Smart data, the Internet of Things and Industry 4.0 all demonstrate how digital transformation has brought far-reaching changes to the global economy. These changes are now part of everyday corporate life and affect almost every industry. Companies a
Trade secrets and their protection
CMS PROTECT
Start-ups
CMS equIP | Helping start-ups scale
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28/03/2024
The data access rights of the Data Act
The data access rights under the Data Act and their restrictions are extensive – we provide an over­view.European legislators have recognised that data is an essential resource which is required for...
Law-Now Data Law
18/03/2024
The DGA is expected to spur on data altruism
Voluntary data donations are intended to make data widely usable. The DGA wants to build trust in data altruism or­gan­isa­tions.The range of applications in which the use of data and information is playing...
Law-Now Data Law
12/03/2024
DGA: European data strategy for data intermediation services takes shape
Data intermediation services play a key role in the implementation of the European strategy for data. The DGA subjects these to regulation.In addition to the Data Act, the Data Governance Act (DGA), which...
Law-Now Data Law
27/02/2024
Reusing data held by public sector bodies under the DGA
The Data Governance Act should allow data collected with public funds to be reused to benefit so­ci­ety. To­geth­er with the Data Act, the Data Governance Act (DGA) forms a key pillar of the European Commission's...
Law-Now Artificial Intelligence
15/01/2024
An overview of the Data Act
The Data Act is intended in particular to promote the flow and use of data. This article provides an overview.On 27 Novem­ber 2023, the Data Act was adopted by the Council of the European Union after...
Law-Now Data Law
01/12/2023
Disharmony between Data Act and GDPR
The draft EU Data Act applies in addition to the GDPR. It is not sufficiently aligned with the existing regulation.On 9 Novem­ber 2023, the European Parliament adopted the EU Data Act by a large majority...
Law-Now Data Law
15/11/2023
European Parliament adopts Data Act
On 9 November 2023, the European Parliament adopted the harmonised rules on fair access to and use of data (the Data Act), which complements the Data Governance Act of November 2020 by laying down rules...
Law-Now Data Law
28/03/2023
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...
Law-Now GDPR