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EU Data Act — Data Access and Sharing Obligations

A two-day training on the EU Data Act, applicable since 12 September 2025: users' right to access data from IoT products, data-sharing obligations, switching cloud service providers, and contractual clauses on data sharing.

A new data-access regime that touches manufacturers and cloud providers alike

The EU Data Act changes the rules of the data economy: a connected-product user gains the right to access the data they generate, and cloud providers must remove barriers that make switching difficult. The training starts by clearly establishing which roles under the regulation the organization plays — manufacturer, related-service provider, or cloud provider — because that determines the scope of obligations.

From the right of access to contractual clauses

The programme works through the full scope of the regulation: the user’s right to access and port data, sharing obligations on FRAND terms, protection against unfair B2B clauses, and switching requirements for cloud services. Each module ends with a practical translation of the provision into concrete actions in contracts and product architecture.

The Data Act and GDPR apply in parallel

One of the most common sources of error is treating the EU Data Act as an alternative to GDPR. In reality, both regulations apply at the same time — data sharing under the Data Act must respect personal data protection. The training shows how to reconcile the two regimes without breaching either.

Benefits

  • Understand the scope of the EU Data Act and which of the organization's products and services fall under it
  • Implement the user's right to access and port data generated by connected products
  • Prepare procedures for sharing data with third parties at the user's request
  • Adapt cloud contracts to switching requirements and the removal of switching charges

Who is this training for?

Compliance officers and lawyers responsible for data regulation compliance
Manufacturers of connected products (IoT) and providers of related services
Data processing service providers (cloud) preparing for switching requirements
Product and data governance managers responsible for data-sharing policies

Prerequisites

  • Basic familiarity with data-driven business models (no technical background required)

Training program

01

Scope and objectives of the EU Data Act

  • Regulation (EU) 2023/2854 — its purpose and place in the European data strategy
  • Connected products (IoT) and related services covered by the regulation
  • How the Data Act relates to GDPR, the Data Governance Act, and other data regulations
  • Application timeline: applicable since 12 September 2025
02

The user's right to access data

  • A product user's right to access the data they generate
  • The principle of designing products that enable data access (data access by design)
  • Sharing data with third parties at the user's request
  • Limitations: trade secrets and personal data protection
03

Data-sharing obligations and contractual clauses

  • Conditions for fair, reasonable, and non-discriminatory data sharing (FRAND)
  • Protection against unfair contractual clauses in B2B relationships
  • Compensation for data sharing and its justification
  • Sharing data with public sector bodies in exceptional situations
04

Switching data processing service providers

  • Cloud providers' obligations to facilitate switching
  • Gradual removal of switching charges
  • Interoperability and data portability requirements
  • Contractual clauses that must be updated in cloud contracts

Delivery Methods

Online

  • Convenience of participating from anywhere
  • Interactive live sessions with trainer
  • Materials available for 30 days
  • No travel costs

On-site

  • Direct contact with trainer and group
  • Intensive hands-on workshops
  • Networking with other participants
  • Full focus on learning

Frequently asked questions

When did the EU Data Act become applicable, and who does it affect?

Regulation (EU) 2023/2854 (the EU Data Act) has been applicable since 12 September 2025. It affects manufacturers of connected products (IoT) and providers of related services, data processing service providers (cloud), and businesses that share and use data in B2B relationships. In the training we determine which of these roles your organization plays and what obligations follow.

How does the EU Data Act differ from GDPR?

GDPR governs the protection of personal data, whereas the EU Data Act is primarily concerned with data access and sharing — including non-personal data generated by connected products. Both regulations apply in parallel: data sharing under the Data Act must respect the personal data protection required by GDPR. In the training we show how to reconcile the two regimes.

What does the obligation to facilitate cloud switching mean?

The EU Data Act requires data processing service providers to remove technical and contractual barriers that make it harder for a customer to switch providers, including the gradual removal of switching charges and ensuring data portability. In the workshop we cover how a provider should adapt its contracts and architecture, and how a customer can use these rights in negotiations.

How does the Data Act protect trade secrets while requiring data sharing?

The regulation provides that data sharing must not undermine trade secrets — a data holder can make sharing conditional on appropriate protective measures and, in exceptional cases, refuse where there is a high risk of serious harm. In the training we cover how to build a data-sharing process that also protects trade secrets.

What are FRAND clauses in the context of data sharing?

FRAND (fair, reasonable, and non-discriminatory) is the principle that data must be shared on fair, reasonable, and non-discriminatory terms, including as regards compensation. In the workshop we analyze how to construct sharing terms that meet this principle and how to recognize clauses considered unfair.

Klaudia Janecka
Klaudia Janecka Opiekun szkolenia

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