Data Strategy Briefing — June 27, 2023

Executive briefing: The Council and European Parliament struck a provisional agreement on the Data Act on 27 June 2023, cementing new B2B and B2C data access rights, limits on unfair contractual terms, and time-bound switching obligations for cloud and edge providers.

Key data governance checkpoints

• Product telemetry scoping. Start inventories of connected-product datasets and derived analytics that will fall under Article 4 access rights once the regulation applies.
• Contract remediation. Flag liability waivers, exclusivity clauses, and non-compete terms likely to be voided under Chapter IV so renegotiations can begin before enforcement.
• Cloud exit readiness. Map workloads, schemas, and support artefacts required to deliver 30-day switching assistance under Chapter VI.

Operational priorities

• Scenario planning. Model the commercial impact of third-party access requests to calibrate monetisation strategies while complying with cost-based compensation rules.
• Security overlays. Develop trade secret masking, cybersecurity safeguards, and audit trails that meet Article 17 protections when external parties tap shared data.
• Stakeholder alignment. Coordinate legal, product, and infrastructure teams on the provisional obligations so build work starts before formal adoption.

Enablement moves

• Brief executive sponsors on the negotiation outcome and the expected 20-month implementation window once the Act is formally published.
• Launch vendor assessments that rate cloud partners on planned compliance with the new switching, interoperability, and data portability standards.

Sources

• Council of the EU press release on the Data Act provisional agreement
• European Commission statement welcoming the Data Act political deal

Zeph Tech helps organisations operationalise Data Act roadmaps that balance monetisation, compliance, and interoperability from negotiation through enforcement.

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