Some national regulators ill-equipped to enforce incoming EU Data Act

Published on 12/09/2025 - 7:00 GMT+2

The Data Act – authorities aimed to make judge that information created done nan usage of smart devices is shared reasonably – will participate into unit connected Friday but immoderate nationalist regulators are not afloat equipped yet to enforce nan rules. 

In 2022, nan European Commission proposed the caller law, making judge that group utilizing devices ranging from connected cars to smart watches, use arsenic much and much machines create immense amounts of data.

Manufacturers of devices must creation their products successful a measurement that makes it easy for users to get and stock their information nether nan Act. But location are immoderate exceptions: if sharing information could uncover important business secrets, companies tin temporarily extremity nan sharing.

Several nationalist authorities, including nan Dutch title authority ACM and nan Hamburg information protection authority, warned successful caller statements that they cannot enforce nan rules arsenic they have not yet been empowered arsenic a consequence of delays successful nationalist transpositions of nan law.

“After nan Senate and nan House of Representatives person approved nan Dutch Implementation Act, ACM is afloat competent. From that infinitesimal on, group and companies will besides beryllium capable to study applicable developments and imaginable violations to ACM,” nan connection said.

Business associations estimated last period that “fewer than half of EU personnel states person designated aliases legally empowered nationalist authorities responsible for implementing nan rules.” 

The Commission said successful an earlier connection to Euronews that while nan rules use straight successful each EU countries, that “includes provisions requiring nationalist implementation measures - notably connected penalties and enforcement.”

“The Commission is moving intimately pinch Member States to support a timely and accordant implementation, including through the European Data Innovation Board where these nationalist implementation measures will beryllium discussed,” nan spokesperson said. 

Breaches of nan Act tin consequence successful fines of up to €20 cardinal aliases 4% of nan company's full worldwide yearly turnover, whichever is higher.

Companies concerns

Euronews has reported that integer waste and acquisition groups are worried astir uncertainty astir nan rules owed to integer simplification plans announced by EU Tech Commissioner Henna Virkkunen. 

The EU executive is presently gathering “insights connected wherever existent policies tin beryllium simplified aliases streamlined”, which intends that definite provisions of nan rules could perchance beryllium watered down successful nan coming months. 

A group of 14 waste and acquisition groups – including nan European Digital SME Alliance and Insurance Europe – signed a missive published connected Friday calling upon nan European Commission to uphold nan rules, “despite unit to undermine its halfway provisions.”

The groups declare that nan rules springiness SMEs nan expertise to use from business data, “shield them from unfair contractual position and ensures that information sharing happens connected a fair, reasonable and non-discriminatory terms.”

Big Tech companies are calling for changes specified arsenic delayed enforcement, which nan SME groups declare could derail nan rules. 

In a response to a mobility from lawmaker Damian Boeselager (Germany/Greens) earlier this month, EU Tech Commissioner Henna Virkkunen said that she will guarantee that nan rules will beryllium enforced. 

“I stay afloat committed to ensuring a soft and effective rollout of nan Data Act successful position of its introduction into exertion connected 12 September 2025,” Virkkunen said.