What you should know about the new European regulation known as the "Data Act"
A new European regulation known as the Data Act, or the Data Regulation, has been in effect since 12 September 2025. It responds to the spread of so-called smart devices or - in the terminology of the regulation - "connected products". These are electronic devices that the user buys for a particular primary function (such as a washing machine, refrigerator, etc.) but which are additionally connected to the internet and record, store and transmit data about their use or their environment.
What is the purpose of the regulation?
The aim of the regulation is to ensure that access to the data generated by a smart device is not limited to its manufacturer, but that the data can be further used. This data may be of interest to the user of the smart product, and it may also be further processed when providing a related service to the user. It is in the user's interest that such a related service can be provided by someone other than the manufacturer of the smart product, or that the user can freely switch the provider of such a service. At the same time, it is necessary to ensure that all of these parties have the opportunity to make use of the data generated by the smart device. The result should therefore be an increase in consumer rights and a levelling of market relations so that dominant businesses cannot prevent new players from entering the market.
Who does the regulation apply to?
Everyone who manufactures and imports smart devices should take note, as should everyone who in any way processes or comes into contact with data from smart devices. With the regulation taking effect, these businesses face new obligations and must expect further ones to arise in the future.
On the other hand, those who use smart devices and may be interested in making use of the data from them can view this regulation as an opportunity. The regulation will likewise be welcomed by providers of services related to smart devices, for whom it opens up access to this data as well as to its users.
What main obligations does the regulation establish?
The regulation imposes on the manufacturer of a smart device the obligation to make the data available to users in a suitable machine-readable format and to provide users, even before the contract is concluded, with information on how this data will be made available.
When switching to a new provider of services related to a smart device, basic obligations are imposed on the original provider: in particular a maximum notice period, an information obligation and an obligation to hand over the data in a suitable format. Fees for switching to a new provider are also to be gradually abolished by 2027.
In relations between businesses, the regulation does not directly impose an obligation to make data available, but it anticipates the creation of model contracts and sets out basic rules for them (such contracts are to be transparent, non-discriminatory, for reasonable remuneration and free of specific unfair terms). The regulation gives the European Commission the power to adopt rules to remove further obstacles to the use of data in smart devices, so as to ensure maximum interoperability and to eliminate so-called vendor lock-in.
Under certain exceptional conditions, an obligation may also arise to make data available to public-sector bodies, in return for compensation.
How can I find out how these new rules will affect my business?
In the Czech Republic, the implementation of the Data Regulation falls under the remit of the Ministry of Industry and Trade. It has already published several articles on its website elaborating on the individual parts of the regulation and should, in the future, provide information about further measures adopted in connection with this regulation.
For specific questions, you can contact us so that we can assess your business in light of the rules introduced by the Data Regulation and propose a suitable solution for you.
