The Data Act: a leap into the unknown

The Data Act: a leap into the unknown

On 1 February 2023, T&D Europe co-signed a joint industry statement on the European Commission’s legislative proposal for a Data Act. 

The statement calls on the European Parliament and Council to recogonise the importance of data in contributing to the European Economy and the need for a regulatory framework that provides stability, clarity and certainty. 

Specific requirements for the Data Act include: 

  • Protection of trade secrets, privacy and security
  • Clear definitions for data and data holders
  • Recognition of the role of flexible contractual terms
  • Differentiation between B2B and B2C contexts
  • Strict conditions for B2G data requests
  • Promotion of cloud adoption
  • No new obstacles to international data flows
  • A longer transition period of a least 36 months 

As stated by Christiane Mann, Chair of T&D Europe’s Grid Digitalisation Working Group,”The Data Act compromises do not provide the level of legal clarity we expect from a legislation. In particular, ambiguity must be avoided and trade secrets / IP must be adequately protected. The Data Act is too important to get wrong. We should allow for the time needed to iron out all details properly”.