Data Strategy Briefing — November 14, 2025
Two months after the Data Act takes effect, national authorities will audit SME fairness safeguards, pressing data holders to evidence compensation models, transparency statements, and dispute processes.
Executive briefing: Following the 12 September 2025 application of the Data Act, Member State authorities are launching targeted audits focused on Article 9 fairness obligations for SMEs. By mid-November, data holders should prepare evidence that compensation models, contractual clauses, and transparency measures align with the Commission's fairness guidelines.
Key governance checkpoints
- Compensation documentation. Maintain calculations demonstrating that charges for SME access are reasonable, objective, and proportionate to costs.
- Contract review. Verify that agreements avoid prohibited unfair terms such as unilateral access restrictions or broad liability shifts.
- Transparency logs. Record notifications sent to SMEs about available data sets, access procedures, and dispute rights.
Operational priorities
- Audit simulations. Conduct mock inspections to test ability to retrieve evidence and respond to regulator questionnaires.
- Dispute handling. Ensure mediation and escalation processes can resolve SME complaints within mandated timeframes.
- Training refresh. Update sales and partner teams on fairness requirements to prevent non-compliant offers.
Enablement moves
- Integrate fairness KPIs into quarterly compliance dashboards.
- Document root-cause analyses for any rejected SME requests to demonstrate proportionality.
Sources
Zeph Tech prepares Data Act fairness evidence packs, compensation calculators, and regulator engagement playbooks.