The Data Act: what problems and consequences for the company

The Data Act lays a new foundation for data sharing in Europe. The proposed regulation sets out new obligations for companies. Numeum takes stock of the text’s impact for professionals.

The next regulation on the exchange and sharing of data is progressing rapidly. The European Commission recently presented a proposal for a regulation that lays the foundation for data sharing in Europe. Called the Data Act, the text not only covers B2B and B2C relationships, but also includes considerations regarding cloud portability or interoperability of tools.

Numeum therefore asks questions and informs professionals about the next obligations that may fall on them. And this both with a view to sharing data with players located outside the EU or to establish a connection to other existing regulatory provisions (GDPR, Gaia-X, Privacy Shield, AI Act, etc.).

Numeum intends to mobilize all its members. But also all the actors in the ecosystem with a view to clarifying the data act’s scope and definitions. The goal is thus to understand the extent of data exchange and to specify the rules for interoperability and portability. Finally, the organization intends to support its member companies in the operational implementation of the text.

The obligations are still poorly defined

According to the experts invited by Numeum, one of the main difficulties of the proposal is that it involves definitions and obligations that are not yet clearly defined.

Jawaher Allala, Chairman of the Data & Cloud Commission and administrator of Numeum (Systnaps) explains: “ We operate in a context where the amount of data continues to grow. The Data Act addresses the legal, economic and technical conditions that lead to the underuse of data and prevent a better distribution of value. The idea is therefore to unlock the potential of data within the EU through responsible use. »

The manager adds: It is essential that the processes around data can remain fluid with a view to an ethical, respectful and sustainable economy. Some territories need to improve everyone’s daily life in a logic of common good. It is necessary for them to bring a mastery of the entire value chain and its complete logistics. »

Towards an economy based on the value of data

Arnault Billy, chairman of the health commission and administrator of Numeum (Cegedim), explains: ” in the area of ​​health, measures have already been defined, especially within the framework of the HDS. Several points are important for the patient to become master of his data. Finally, a patient will have easier access to their data. He can even use them or transfer them to a doctor abroad. It is therefore important to position ourselves on an economy centered around the value of data and not around the cost of data. »

The manager adds: Today we find ourselves with many initiatives around data sharing (Gaia-X, Atlas, etc.). The consequence is that it causes a dilution of actions and influences. It is therefore necessary to consider things from a human point of view. And this while remaining pragmatic and knowing what is really possible within existing solutions. Efforts may be needed to elicit digital buy-in. A point that health professionals can adhere to through deep education. »

The Data Act: Numeum’s 5 recommendations

To better understand the issues and effects of this regulation, Numeum offers no less than 5 recommendations within the framework of the Data Act. These are presented in a simplified form so that every business in the digital ecosystem can use them.

The organization recommends first clarifying the scope and definitions of the proposal. Indeed, it seems necessary that the scope of the proposed data act as well as the definitions and the distinction between the actors be clarified. The definitions of keywords must also be harmonized between the different texts (RGPD, DGA, AI Act). Second, it is necessary to understand the path to the data. But also the status of each actor, especially in the context of complex chains of connected objects and related services, as observed in the industrial area.

Web3, an engine for new businesses, uses TechTalks Photo by Clint Adair on Unsplash Data Act

Another important point, Numeum welcomes the idea of ​​making it easier for users of cloud services to switch providers. The Data Act aims to correct an asymmetry observed in the European market between customers/users and service providers. However, the vagueness of the terms does not yet seem to provide sufficient guarantees to ensure the correction of this asymmetry.

Another point, the Data Act must make it possible to ensure a certain regulatory coherence between the various legal texts in progress. But also in light of the upcoming texts, such as the GDPR, the Data Governance Act, the AI ​​law or even the European data spaces… Finally, it is necessary to ensure the support of all companies (especially most small ones). They will need advice and simple, streamlined processes to be able to meet the requirements. High compliance costs can be expected.

Olivier Robillard

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