EU Data Act · Regulation (EU) 2023/2854
Which EU Data Act obligations apply to you?
The Data Act applies across the EU from 12 September 2025 and puts different duties on different actors. Tick what your business does — get every Data Act obligation area that applies, each with the chapter and what it requires.
The rule, in one line
The Data Act (Regulation (EU) 2023/2854), applicable from 12 September 2025, gives users access to the data their connected products generate (Chapter II), makes data holders share data on fair, reasonable and non-discriminatory terms (Chapter III), forces providers of cloud/edge services to remove switching obstacles and phase out switching charges — abolished from 12 January 2027 (Chapter VI), and voids unfair B2B data-sharing terms unilaterally imposed on another business, protecting SMEs (Chapter IV). Which apply to you depends on what your business does.
Official sources: Regulation (EU) 2023/2854 · European Commission — Data Act · EUR-Lex summary
Data Act obligation areas
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Tick what your business does above. If none apply, the Data Act's substantive obligations may not bite — but check the edge-cases and revisit as your activities change.
Per-business export
Data Act obligations memo (PDF) · €29
A print-ready pack for your business: every Data Act obligation area that applies, the chapter, what each requires, the cloud-switching timeline, and source links — for your compliance file.
This is guidance, not legal advice. The export lists the obligation areas your inputs trigger; it does not resolve scope edge-cases or draft your contracts.
What this tool is — and isn't
This checker maps your activities onto the EU Data Act's obligation areas (Regulation (EU) 2023/2854, EUR-Lex + the European Commission). It is an estimate and orientation, not legal advice, and it does not resolve scope edge-cases (trade-secret protections, SME thresholds, public-sector exceptional-need requests). Verify against the linked official sources.
How the determination works
1. What your business does
The Data Act is role-led. You tick whether you make connected products, hold data, run cloud services, or set B2B data terms — each maps to a chapter of obligations.
2. Each activity maps to a chapter
Connected products → Chapter II access; data holders → Chapter III fair-sharing; cloud/edge providers → Chapter VI switching; B2B data contracts → Chapter IV unfair-terms protection.
3. Combine + the dates
A business can fall under several at once. The Data Act applies from 12 September 2025, and cloud-switching charges may not be imposed at all from 12 January 2027.
Frequently asked questions
- When does the Data Act apply?
- The Data Act (Regulation (EU) 2023/2854) entered into force on 11 January 2024 and applies across the EU from 12 September 2025.
- I make IoT devices — what applies?
- Chapter II: design your connected products and related services so the data they generate is, by default, easily and securely accessible to the user, and make it available to the user and chosen third parties.
- I run a cloud service — what changes?
- Chapter VI: remove obstacles to switching to another provider, support functional equivalence and portability, and phase out switching charges — which may not be imposed at all from 12 January 2027.
- What is the B2B unfair-terms test?
- Chapter IV: a term on data access/use unilaterally imposed on another business is not binding if it is unfair. It protects businesses, particularly SMEs, from unfair data-sharing terms.
- Does the Data Act apply to all businesses?
- Its duties attach to specific roles — connected-product makers, data holders, cloud providers, parties to B2B data contracts. Some obligations have SME-related carve-outs; check the edge-cases for your situation.
- Is this legal advice?
- No. This tool maps your activities onto the Data Act's obligation areas. It is orientation, not legal advice, and does not resolve scope edge-cases or draft contracts. Verify against the linked official sources.