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20. What are the options for users, especially consumers, if the right to access and use data is not properly exercised?

The Data Act ensures a high level of consumer protection. Article 1(9) states that the Data Act complements and is without prejudice to EU consumer legislation, particularly to the Unfair Contract Terms Directive (Directive 93/13/EEC), the Unfair Commercial Practices Directive (2005/29/EC) and the Consumer Rights Directive (2011/83/EU). Several options are therefore available for those who seek to enforce their rights under the Data Act:

  • Users (including consumers) can lodge a complaint with the relevant competent authority. If they are unsure about which competent authority to address in their specific case, they should first contact the data coordinator in their Member State (the Commission will make their names and contact details publicly available online.) See Question 64 for more details.

  • Users (including consumers) can initiate legal proceedings.

  • Users who are consumers can use the instruments available to them under EU consumer protection legislation. They can in particular lodge a complaint with the European Consumer Centres Network in The event that the data holder is established in a Member State other than that in which the consumer resides.

  • Users who are data subjects can contact the relevant DPA regarding all issues concerning the processing of personal data.