BRUSSELS – March 24, 2023 – The European Council today agreed on its general approach to the EU Data Act, paving the way for trilogue negotiations.

BSA supports the overarching goal of the EU Data Act to create a thriving data economy and further digital transformation across Europe. However, the scope of the Data Act in its current form remains unclear. Notably, the overlap between personal and non-personal data creates confusion and potential inconsistencies with certain provisions in existing legislation, including the GDPR.

“BSA believes there is a way to facilitate cloud switching, develop a certain level of interoperability, and promote industrial data sharing with more clarity and in a more workable manner. Functional equivalence obligations on cloud switching and interoperability, restrictions on international non-personal data transfers, and data-sharing mandates risk stifling market-driven innovation and competition in the EU,” said Hadrien Valembois, Senior Manager, Policy – EMEA at BSA | The Software Alliance.

As inter-institutional negotiations begin, Valembois said: “The co-legislators will play a critical role in the months ahead to improve the proposal and make it both more workable and usable in practice. The EU Data Act is a very large and very complex file. The B2B software industry encourages policymakers to take the necessary time to resolve those complex issues and address concerns shared by industry stakeholders across all sectors. BSA looks forward to engaging in a constructive dialogue with all parties involved.”

BSA outlines seven objectives to ensure an effective EU Data Act. Read BSA’s recommendations here: https://www.bsa.org/files/policy-filings/05012022eudataact.pdf