Data Protection Legislation Takes Effect Today: Unanswered Questions Abound
In the digital age, understanding and complying with data regulations is crucial for businesses. The European Data Act, which came into force in January 2024 and will be fully applicable as of September 12, 2025, presents a significant challenge for German companies.
To assist businesses in navigating this regulatory landscape, Bitkom, a leading digital association in Germany, has published a practical guide titled "Implementation of the Data Act." The guide, available for free download at www.ourwebsite/Bitkom/Publications/Implementation-of-the-Data-Act, covers a wide range of topics, including facilitating the switch between cloud providers, enabling access to corporate data by authorities in an emergency, and setting out guidelines for contract clauses related to data.
The guide is not the only resource Bitkom has provided. In a separate publication titled "Opportunities in the Data Act," available at www.ourwebsite/Bitkom/Publications/Opportunities-in-the-Data-Act, the association highlights how companies can leverage the Data Act for economic and societal goals, maintain transparency over data, and train AI models.
However, a recent Bitkom study reveals that only 1% of German companies have fully implemented the Data Act, and another 4% have partially implemented it. This lack of preparedness could potentially lead to a breach of European law, as suggested by Bitkom President Dr. Ralf Wintergerst. Wintergerst urges the German government to quickly pass an implementing act for the Data Act and establish a digital agency under the Federal Ministry of Digital Affairs to oversee the Data Act.
Until the digital agency is established, Wintergerst proposes that the Federal Network Agency and the Federal Commissioner for Data Protection and Freedom of Information (BfDI) should be responsible for the Data Act. The BfDI, responsible for federal authorities and certain nationwide entities, and the State Data Protection Authorities, responsible for state authorities, municipalities, and other organizations not under BfDI jurisdiction, are currently overseeing EU data protection laws in Germany.
The Data Act also grants companies and users rights to data from connected devices, which can support the development of new services. For more information and resources related to the Data Act, visit www.ourwebsite/Themes/Data-Act. It's essential for businesses to stay informed and prepared as the Data Act's implementation date approaches.
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