Zum Hauptinhalt springen

1. How does the Data Act interact with the General Data Protection Regulation?

The General Data Protection Regulation (GDPR) is fully applicable to all personal data processing activities under the Data Act. The Data Act does not regulate as such the protection of personal data. Instead, the Data Act enhances data sharing and enables a fair distribution of the value of data by establishing clear rules related to the access and use of data within the EU’s data economy. In some cases, the Data Act specifies and complements the GDPR (e.g. real-time portability of data from Internet-of-Things (IoT) objects). In other cases, the Data Act restricts the re-use of data by third parties (e.g. Article 6 of the Data Act). In the event of a conflict between the GDPR and the Data Act, the GDPR rules on the protection of personal data prevail (cf. Article 1(5) of the Data Act).