Get Started With TÜV SÜD
Prepare your business for EU Data Act compliance and create new innovation opportunities. Our experts guide you through every step.
Key Points at a Glance
Effective Date
The EU Data Act is applicable in all EU Member States as of 12 September 2025.
Objectives and Core Provisions
The regulation governs data from connected products/services and sets B2B/B2G access, interoperability, cloud switching and protection from unfair terms.
Who Qualifies as a 'User'?
A user is any natural or legal person who owns, rents, or leases a connected product or receives related services.
Cloud Switching
Switching fees will be phased out by 12 January 2027. Until then, only cost-based, reduced fees are permitted.
Enforcement and Penalties
The responsible national authorities enforce effective and proportionate sanctions for violations; penalties vary, with fines up to €5m or 4% of turnover.
What Is the EU Data Act?
The EU Data Act sets clear rules on who can access and use data from connected products and related services, and under what conditions. It strengthens user rights, promotes fair data sharing between businesses, and makes switching between cloud and other data processing services easier.
The regulation entered into force on 11 January 2024, and has applied across the EU since 12 September 2025. As part of the European strategy for data, it aims to create a fair and competitive data economy for businesses and users alike.
Why Is the EU Data Act Important for Businesses?
The EU Data Act affects manufacturers and providers of connected products, data holders, providers of related services, and cloud service providers. Businesses must enable Access-by-Design, meaning products and services should allow users to obtain their usage data quickly, securely, and in a common format, and share it with third parties.
The Act also facilitates parallel or alternative use of multiple cloud services and protects businesses against unfair contract terms related to data. These new rights are expected to drive efficiency gains and foster new after-sales services, especially in industries such as manufacturing, mobility, and agriculture.
Our TÜV SÜD Services for the EU Data Act 2025
- Data Act Gap Analysis: Maturity assessment, obligation mapping, action plan
- Data Inventory & Data Flows: Identifiable data, formats, interfaces
- Product/Service Design: Access-by-Design, security and continuity requirements
- Contract Adjustments: Recommendations for Data Act-compliant contracts
- Cloud Switching & Interoperability: Exit strategies, switching processes, technical and organisational measures
- B2G Request Management: Processes/templates for exceptional cases
- Training & Enablement: Empower teams on roles, rights, and obligations
Our service portfolio is designed for companies acting as data holders, data users, or manufacturers of connected products or related software. Legal reviews can be arranged through qualified legal professionals upon request. TÜV SÜD facilitates these connections but does not provide legal services directly.
Frequently Asked Questions
What Is the EU Data Act 2025?
The EU Data Act is Regulation (EU) 2023/2854, establishing harmonised rules for fair data access and use. It applies directly in all EU Member States.
What Are the Key Objectives of the EU Data Act 2025?
The Act aims to ensure fair access to and use of data, define rights and obligations for stakeholders, and promote interoperability and cloud switching. These measures support the European strategy for data.
Who Does the EU Data Act Apply To?
It applies to manufacturers and providers of connected products, data holders, providers of related services, and cloud service providers.
What Is the Difference Between GDPR and the EU Data Act?
• GDPR: Protects personal data and sets requirements for its processing.
• EU Data Act: Governs access to and use of non-personal and industrial data, including rights and obligations for businesses.
• EU Data Act: Governs access to and use of non-personal and industrial data, including rights and obligations for businesses.
What Is the Penalty for Failure to Comply With the EU Data Act?
Penalties vary by Member State. They must be effective, proportionate, and dissuasive. Some national drafts propose fines up to €5 million or up to 4% of annual EU turnover.
