On 8 July, FEM issued a position paper on the European Commission proposal for a Data Act, which builds on the FEM initial reaction, issued in May. The position has been circulated for outreach in the European Parliament.
FEM supports the objectives of the proposed Data Act, and the Commission intention to foster the EU data economy. However, FEM suggested a number of modifications on different parts of the proposal, notably opposing to the mandatory data sharing in a B2B context, as freedom of contract is a sufficient basis for an efficient flow of data.
Moreover, we brought forward the following provisions:
• Better definitions of ‘data’, ‘data holder’ and ‘data processing service’
• The legislation to include rights for manufacturers to access and use data from the products or services they offer
• Strengthened safeguards
• Safe exchange of data from and to Europe
• Avoid overlaps with other EU legislation addressing data
• More harmonisation efforts in penalties applications
• A minimum 36-month transitional period
• Clarify reasons for different treatment between small and micro enterprises
More info HERE.