COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)
Date: 2022-02-23
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: data collection, data protection, data transmission, data-processing law, digital single market, digital technology, disclosure of information, exchange of information, harmonisation of standards, information storage, personal data

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   EUROPEAN COMMISSION  Brussels, 23.2.2022  SWD(2022) 35 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT  Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data    (Data Act) {COM(2022) 68 final} - {SEC(2022) 81 final} - {SWD(2022) 34 final}  
 
 
A. Need for action 

What is the problem and why is it a problem at EU level?  

The overall problem is the insufficient availability of data for use within the European economy. This is mainly due 
to the lack of clarity on data rights, imbalances in negotiating power, limited access to fair and trustworthy cloud 
services,  and  a  lack  of  cross-sector  data  interoperability  in  the  EU.  The  problem  affects  a  range  of  economic 
sectors  and  leads  to  the  underutilisation  of  data  at  EU  level,  with  negative  consequences  for  consumer  choice, 
innovation and public service delivery.  
What should be achieved? 

The  objective  is  to  maximise  the  value  of  data  in  the  economy  and  society  by  ensuring  that  a  wider  range  of 
stakeholders gain control over their data and that more data is available for use, while maintaining incentives to 
invest in data generation.  

What is the value added of action at EU level (subsidiarity)?  

Data  value  chains  in  the  EU  are  structured  largely  in  a  cross-border  way,  with  data  both  holders  and  users 
scattered  across  various  Member  States.  The  problems  identified  are  therefore  not  specific  to  one  particular 
Member  State.  Rather,  they  affect  the  entire  single  market.  This  is  why  coordinated  EU  action  can  add  greater 
value  to  the  European  economy  and  to  European  society  as  compared  to  action  taken  by  individual  Member 
States. 

B. Solutions 

What are the various options to achieve the objectives? Is there a preferred option or not? If not, why? 

This initiative includes measures to increase legal certainty about access to data, prevent the abuse of contractual 
imbalances,  facilitate  the  use  of  commercially  held  data  by  public  sector  bodies,  facilitate  switching  between 
trustworthy data processing service providers, and establish a framework for efficient data interoperability. 

The impact assessment considered three policy options. Option 1 involves minimal intervention, with non-binding 
measures to facilitate more efficient and more fairly balanced data access and use. Option 2 proposes a limited set 
of legislative measures to facilitate the use of data, while strengthening legal certainty on how and by whom data 
can  be  used.  Option  3  proposes  more  far-reaching  obligations  in  terms  of  the  use  of  data  by  third-party 
businesses,  consumers  and  public  sector  bodies,  as  well  as  stronger  provisions  in  terms  of  obligations  on  data 
service providers and interoperability requirements.  

The analysis concluded that Option 2 is the preferred option. Why? Because it would enhance legal certainty about 
data (including sui generis database rights for machine-generated data), increase the amount of data available for 
reuse and give consumers and companies greater control over data, while limiting data holders’ costs for making 
data more accessible and maintaining incentives to generate data. It would also introduce a legislative approach to 
the  issue  of  the  fairness  and  trustworthiness  of  data-processing  infrastructures,  combined  with  industry-led 
standardisation of technical interoperability for cloud switching. 

What are different stakeholders' views? Who supports which option?  

Most stakeholders confirm that the obstacles identified in the impact assessment do exist. However, opinions on 
what to do about them are divided: data holders (e.g. car manufacturers), wary of regulatory intervention, would 
like to see solutions that only target clear market failures. On the other hand, small and medium-sized enterprises 
(SMEs)  that  use  data  (especially  those  active  in  aftermarket  services)  call  for  a  right  to  access  data  and  are  in 
favour of reviewing the sui generis right. Consumer organisations also stress the need to empower consumers to 
choose  their  service  providers.  Stakeholders  are,  however,  in  agreement  when  it  comes  to  the  necessity  of  EU 
rules  to  ensure  portability  in  the  cloud  and  to safeguard  cloud  users  against  unlawful  access  to  their  data  from 
outside  the  EU.  They  are  also  in  favour  of  alleviating  the  administrative  burden  by  streamlining  the  rules  on 
business-to-government data sharing.    

C. Impacts of the preferred option 

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What are the benefits of the preferred option (if any, otherwise of main ones)?                                     

The  preferred  option  would  increase  EU-27  GDP  by  1.98  percentage  points  by  2028,  and  increase  government 
revenues and investment activities by EUR 96.8 billion and EUR 30.4 billion respectively in the period 2024-2028. 
This initiative would also create an additional 2.2 million jobs. The estimated benefits for each intervention area 
are as follows: 

  empowering consumers and companies using connected products and related services and increasing the 
availability  of  data  for  commercial  use  and  innovation  between  businesses  would  generate  up  to  EUR 
196.7 billion a year by 2028; 
improving contractual fairness would generate an additional EUR 7.4 billion a year; 
facilitating the use of commercially held data for public interest purposes: reduced administrative burden 
of up to EUR 155 million a year; 
facilitating access to fair and trustworthy cloud and edge services: an additional EUR 7.1 billion a year. 

 
 

 

What are the costs of the preferred option (if any, otherwise of main ones)?                                    

The costs of the preferred option include: 

 

the obligation of manufacturers to allow access in the business-to-business/business-to-consumer context, 
technical infrastructures: EUR 410 million in one-off costs and EUR 88 million in recurring costs;  

  ensuring contractual fairness: EUR 69 million a year;  
  business-to-government data sharing: EUR 552.5 million in one-off costs and EUR 78.1 million in recurring 

costs; 
interoperability requirements: EUR 1 million (for each standard). 

 

What are the impacts on SMEs and competitiveness?  

SMEs are among the main beneficiaries of the  Data Act. The  new rules  would bring more data resources within 
their reach by re-balancing the distribution of data value across market actors, reinforcing their ability to compete 
and  to  continue  doing  their  business.  Addressing  the  imbalance  in  bilateral  contractual  relations  alone  would 
boost the SMEs’ profits by around EUR 5.2 billion a year. 

Will there be significant impacts on national budgets and administrations?  

The  initiative  would  not  impact  national  budgets,  except  for  the  measures  in  the  context  of  business-to-
government  data  use.  The  support  study  to  the  impact  assessment  estimated  that  the  setting  up  of  national 
structures  to  streamline  business-to-government  data  use  would  cost  EUR  21.6  million  a  year  to  public 
administrations in Member States. 

Will there be other significant impacts?  

The initiative would improve public services and policies, allowing a more effective and rapid response to public 
emergencies. It would also give consumers and companies greater control over the use of the data they generate 
and  enhance  their  active  participation  in  the  digital  economy.  Finally,  greater  business  and  manufacturing 
efficiency should result in less waste, lower energy consumption and fewer CO2 emissions. 

Proportionality?  

This initiative is designed to address cross-border and cross-sectoral problems with data access and use. From this 
point  of view,  it  is  proportionate  to  the  desired outcome  and  affords  sufficient  flexibility  for  additional  national 
and sector-specific measures. 

D. Follow up 

When will the policy be reviewed?  

The policy will be reviewed 4 years after the adoption of the Data Act. 

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