The New European Data Law
The European Union intends to end the existing exclusivity with respect to information.
To carry out this, through the new Data Law presented by the European Commission, new rules will be established about the use of the data, who will be able to access them, as well as the specific purposes.
What is the purpose of the New European Data Law?
The proposed new Data Law will apply not only to technology companies, but to all those that use personal data, regardless of the sector.
It is intended through this European law, that access to data is harmonized, in such a way that it has an equitable character and allowing such access to companies and public institutions.
Specifically, this law would guarantee that users of products and services, whether natural or legal persons, can easily access the data that has been generated by the use of said product or the provision of such a service, and users can also use the data and, in addition, share them with the third parties they consider.
What benefits will it have for the user?
This Data Law is an advance over the Data Governance Law of 2020, which was not as ambitious as the current proposal.
Through this law, it will be the users themselves who have access to the data that has been generated and that is normally collected exclusively by the manufacturers. Therefore, users may download their own data that must be shared with third parties so that related services based on such data can be provided.
An example of this can be a repair or after-sales service of a product. In this way and with the new Data Law, not only the manufacturer will have access to the data, but the user will be able to obtain them and be able to request a cheaper repair service, since access to such data will be possible.
Main aspects included in the New European Data Law
In addition to the aforementioned possibility of access to data and interoperability, the Data Law includes other relevant issues.
Included in it are measures to prevent unfair terms, as well as unfair terms, from being non-binding.
It should be borne in mind that the data held by undertakings is data of great value which on certain exceptional occasions could be considered to be of a public interest. In such cases, public administrations could access certain company data, always under certain conditions. However, this point can be considered as conflictive and abusive, so we will have to wait to see how it is finally defined.
In addition, and in relation to interoperability, the Data Law makes it easier to move both data and applications from one provider to a different provider, without additional costs.
What implications will it have for companies?
Taking into account what is previously mentioned in this article, companies will have the possibility to allow access to user data and to be able to share such information with third parties, but it would not be, for the moment, an obligation for companies.
In addition, this standard is aimed at sharing data from large companies, excluding SMEs, both to the public and private sectors under certain limitations such as confidentiality or non-competition, among others.
Through this Data Law, the European Commission becomes more aware of the impact of data on the economy and aims to limit them.
From Letslaw, we will continue to report on the news and progress of this matter.
Letslaw es una firma de abogados internacionales especializada en el derecho de los negocios.