Policy Briefing — EU Council adopts negotiating mandate for the Data Act
On 24 February 2023 EU member states agreed a Council negotiating mandate for the Data Act, locking in positions on B2B/B2C data access, cloud switching, and safeguards for trade secrets ahead of trilogues.
The Council adopted its negotiating mandate for the proposed Data Act on 24 February 2023. The text backs user rights to access data generated by connected products and related services, sets interoperability and contract requirements to ease cloud switching, and introduces restrictions on unlawful governmental data access.
Policy and product teams should review the Council position on trade secret protections and compensation for data holders, as well as conditions for international data transfers and mandatory business-to-business sharing. These elements will shape compliance and data monetization strategies as trilogue talks with Parliament and Commission proceed.
- Council press release outlines priorities on cloud switching, smart device data access, and safeguards for trade secrets and public-sector requests.
- Commission proposal provides the baseline articles being amended, including data portability, interoperability, and B2B sharing obligations.
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