The EU Data Act (Data Act) entered into full
effect earlier this year, but case law is yet to
emerge to provide authoritative interpretation
on some of its key provisions.
Absent any case law on point, the chief compliance offcer,
chief digital offcer and legal departments of companies
falling within the scope of the act are at pains to devise
workable compliance strategies. The primary pain points
for compliance with the Data Act include significant legal
uncertainty, contractual review burden, substantial technical
and operational changes, as well as potential business model
disruption. This client alert tries to assuage some of these
pain points by providing an overview of the act (Section
A), its key practical compliance challenges (Section B) and
a correlation table between each of the provisions of the
act and its recitals, the unoffcial guidance provided by the
European Commission in its FAQs document and other
overlapping statutory instruments (Section C).
