The Regulation on harmonised rules on fair access to and use of data (known as the “Data Act”), a summary of which was previously reported by Wiggin, has been formally adopted by the Council of the EU in the form of the provisional agreement reached with the European Parliament in June. The Parliament formally adopted that text on 9 November 2023. The Regulation will now be published in the EU’s Official Journal in the coming weeks and will enter into force 20 days after that. The Regulation will apply 20 months from the date of its entry into force. However, Article 3(1) will apply to connected products and related services placed on the market 32 months from the date of the entry into force of the Regulation. This is the provision which allows users of connected devices, such as smart household appliances, to gain access to the product and relevant service data generated by their use.

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