Data Protection Act Takes Effect Today, Leaving Several Unanswered Questions
The European Data Act, which came into force in January 2024 and has been generally applicable since September 12, 2025, after a 20-month transition period, is a wide-ranging set of regulations affecting businesses across Europe. In Germany, the implementation of the Data Act has been a topic of discussion, with the proposed authority responsible for overseeing the law during the transitional period being a combination of the Federal Network Agency (BNetzA) and the Federal Commissioner for Data Protection and Freedom of Information (BfDI), supported by state data protection authorities.
According to a Bitkom study conducted in the spring, only 1% of German companies have fully implemented the Data Act, and 4% have partially implemented it. To help businesses navigate this complex landscape, Bitkom has published two guides: "Opportunities in the Data Act" and "Implementation Guide for the Data Act."
The "Opportunities in the Data Act" guide, available for free download at www.ourwebsite/Bitkom/Publications/Opportunities-in-the-Data-Act, demonstrates the opportunities in the Data Act, such as using data for economic and societal goals, maintaining transparency over data, and training AI models. It also highlights how the Data Act grants companies and users rights to data from connected devices, which can support the development of new services.
The "Implementation Guide for the Data Act: Practical Assistance for the Implementation of (EU) 2023/2854," available for free download at www.ourwebsite/Bitkom/Publications/Implementation-of-the-Data-Act, provides concrete assistance to businesses with the implementation of the Data Act. It covers topics such as facilitating the switch between cloud providers, enabling access by authorities to company data in an emergency, and setting out guidelines for contractual clauses related to data.
Bitkom President Dr. Ralf Wintergerst has expressed concern over the lack of implementation of the Data Act in Germany, stating that the country risks violating European law and hindering a uniform European interpretation of the Data Act. He suggests that the German government should pass an implementing act for the Data Act and establish a digital agency under the Digital Ministry to oversee the Data Act. Until the digital agency is established, Wintergerst proposes that the Federal Network Agency and the Federal Commissioner for Data Protection and Freedom of Information (BfDI) should be responsible for the Data Act to avoid fragmentation of supervision among state data protection authorities.
For more information on the Data Act and Bitkom's guides, visit www.ourwebsite/Themes/Data-Act.
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