Data Strategy Briefing — August 22, 2025
With the EU Data Act becoming applicable on 12 September 2025, data leaders have weeks left to operationalize user-initiated portability, shared data space contracts, and compensation models that withstand Article 4 fairness reviews.
Executive briefing: Regulation (EU) 2023/2854 (the Data Act) enters application on 12 September 2025. Connected-product manufacturers and providers of related services must be ready to grant business and consumer users access to data they generate, deliver datasets to third-party recipients without undue delay, and ensure trade-secret protections align with Article 4(6). Article 10 also requires objective, transparent compensation terms when sharing data with SMEs, while cloud and edge providers must eliminate switching charges and facilitate portability under Chapter VI.
Key data architecture checkpoints
- Portability APIs. Stand up authenticated export services that deliver raw and derived data in interoperable formats, with logging that proves compliance with user and third-party transfer requests.
- Shared data space contracts. Update template agreements to include confidentiality, data use limitations, and proportionate compensation clauses that reflect Article 9 guidelines for SMEs.
- Trade secret safeguards. Implement differential access controls and NDAs to protect confidential information while still supplying required data, documenting rationale for any withheld fields.
Operational priorities
- Switching readiness. For cloud and edge services, automate extraction tooling, data mapping, and customer support playbooks to meet the Chapter VI 30-day switching support obligations.
- Dispute resolution. Establish escalation channels and ombuds routines to resolve conflicts over compensation or trade-secret masking within the timelines national authorities may set.
- Regulatory reporting. Maintain evidence packs that demonstrate how portability requests were authenticated, fulfilled, or lawfully refused.
Enablement moves
- Run tabletop exercises that simulate high-volume export requests from enterprise customers and competing service providers.
- Coordinate with product marketing to communicate new download portals and switching support commitments to EU customers ahead of the deadline.
Sources
- Regulation (EU) 2023/2854 (Data Act)
- European Commission Data Act Q&A
- Data Act fairness guidelines for SMEs
Zeph Tech accelerates Data Act readiness with export API blueprints, compensation model design, and defensible evidence packs for EU authorities.