Data Strategy Briefing — March 14, 2023
The European Parliament adopted its negotiation mandate for the Data Act, calling for stronger trade-secret safeguards, fairness rules, and protections for SMEs in data-sharing agreements.
Executive briefing: On 14 March 2023 the European Parliament endorsed its position on the proposed Data Act, setting priorities for trilogue negotiations with the Council. Lawmakers backed user rights to access connected product data, limits on government access to non-personal data in emergencies, and rules to prevent unfair contract terms imposed on SMEs.
Key data-space checkpoints
- Trade-secret protection. Implement technical and organisational measures to shield confidential business information when sharing data with users or third parties.
- Contract fairness. Review data-sharing templates for clauses that Parliament views as unbalanced, such as unilateral liability or indefinite exclusivity.
- SME relief. Identify smaller partners eligible for simplified obligations and support them with compliance tooling.
Operational priorities
- Scenario planning. Model how Parliament’s amendments—especially on international transfers and compensation—could affect product roadmaps.
- Governance alignment. Align data strategy steering committees on Parliament’s call for sector-specific data spaces and interoperability standards.
- Stakeholder outreach. Engage industry associations to coordinate advocacy on unresolved issues such as smart contract safeguards and switching charges.
Enablement moves
- Maintain a comparative tracker of Council and Parliament positions to inform negotiation responses.
- Assess resource needs for data sharing helpdesks that support SME partners once the Data Act is finalised.
Sources
- European Parliament press release on its Data Act mandate
- European Parliament legislative resolution on the Data Act proposal
Zeph Tech readies EU programmes for the Data Act with trade-secret protection frameworks, fair-contract reviews, and SME enablement plans.