The Data Act - with new rules for all sectors as regard the rights to use data 

The European strategy for data aims at creating a single market for data that will ensure Europe’s global competitiveness and data sovereignty. The first piece of legislation of the European strategy, the Data Governance Act, focuses on the sharing of public data. The Data Governance Act sets out conditions that will enable the re-use of certain categories of public sector data that are subject to the rights of others. This includes, for example, trade secrets, personal information and data protected by intellectual property rights. Public authorities allowing this type of re-use of data need to be properly technically equipped to ensure that integrity and confidentiality are fully preserved. The Confederation of Swedish Enterprise foresee that businesses covered by the scope of the Data Act has to equip themselves similarly if they are to ensure the correct application of some of the new rules on data sharing.

On 23 February, the European Commission published the second piece of legislation of The European strategy for data, the Data Act. This sets out the conditions for who can access certain company data and under what conditions.

The Data Act is a horizontal proposal that envisages basic rules for all sectors as regards the rights to use data. As there are already rules on data access and use, including at sectoral level, the Data Act must not change any such existing legislation. It must also be ensured that the Data Act is fully aligned with existing legislation including international regulation and agreements on data access.

While the Confederation of Swedish Enterprise is currently analyzing the proposal, the Confederation of Swedish Enterprise emphasizes the importance of rules that are proportionate and - as far as possible - principle-based and technology-neutral. This is crucial for ensuring predictability, encouraging innovative power and creating a positive investment climate.