Data Act

The Data Act establishes a new paradigm whereby data generated by digital devices or the use of services must be accessible not only to the manufacturer or provider, but above all to the user and third parties designated by the user. Companies will be required to make data – including personal data – available on transparent, fair, and non-discriminatory terms. Our law firm supports clients in understanding and implementing their new obligations: we analyze data flows within the organization, identify risks related to the processing and disclosure of information, and design procedures to ensure compliance with the Data Act.

We prepare contractual documentation for service providers and manufacturers – from terms and conditions of service to privacy policies and data sharing agreements. We advise on interoperability, minimising the risk of data protection breaches and the legal consequences of non-compliance with the regulation. We help create secure and effective models for cooperation with partners and related entities in the area of data sharing.

The KWKR team has extensive experience in providing legal advice to entities operating in the digital ecosystem – from SaaS providers and IoT device manufacturers to user data processing platforms. We have advised on projects related to the implementation of the GDPR, the Data Governance Act, and national regulations on personal data protection and cloud processing.

We are the authors of expert commentaries and guides on the Data Act and accompanying regulations, published in the most widely read Polish media, including Dziennik Gazeta Prawna and Rzeczpospolita. Our publications are a source of knowledge for entrepreneurs who want to consciously prepare for the upcoming legislative changes.

We have supported clients in analyzing the risks associated with the obligation to disclose data to public authorities, in relations with end users, and in preparing comprehensive strategies for compliance with the regulation. Combining expertise in data protection, contract law, and new technologies, we offer comprehensive support in implementing the Data Act.

For many companies, the Data Act is a challenge – for our clients, it is an opportunity. Working with KWKR not only ensures compliance with the regulations, but also transforms data into real business value. We provide clear, practical advice tailored to the specific nature of your sector, from IT and manufacturing to consumer services.

We help you develop data management strategies that enable the legal and secure use of information, including in models based on artificial intelligence and predictive analytics. We provide comprehensive legal support at every stage – from reviewing existing procedures to representing you before supervisory authorities in the event of inspections or disputes. With us, your company will not only avoid the risk of heavy fines, but will also be able to fully exploit the potential of data within the EU digital market.

Regulation (EU) 2023/2854 of the European Parliament and of the Council, known as the Data Act, will enter into force in September 2025 and will be directly applicable in all EU Member States. Its aim is to increase users’ control over data generated by digital devices and to ensure fair and transparent access to this data by third parties, including service providers and public institutions.

The regulation imposes obligations not only on manufacturers and suppliers, but also on users of data, particularly when sharing it with other entities for analysis, integration or commercialization. In specific cases, companies will also be required to share data with public authorities, e.g., in emergency situations or to prevent crises.

The Data Act also introduces provisions restricting the use of data obtained from users by market dominant entities. Companies will have to demonstrate that they do not violate the principles of fair competition or discriminate against other entities in terms of access to data. All this makes preparation for the entry into force of this legal act not only necessary but also strategically justified. With our help, you can be sure that your organization will meet all new legal requirements—and do so ahead of time.