Also, just before the end of the year on December 8, 2023, a political agreement was reached within the framework of trilogue negotiations for the creation of an AI regulation. This will allow the European institutions to conclude this legislative initiative before the upcoming European Parliament elections. The AI regulation will become effective two years later. A consolidated text version is not yet available. We will continue to keep you informed.
In contrast, on December 22, 2023, the regulation “Establishing common rules for fair access to and fair use of data” – known as the Data Act – was published in the Official Journal of the European Union (bmdv.bund.de/SharedDocs/DE/Anlage/DG/Digitales/eu-data-act-deutsche-fassung-22-12-23.html) and will enter into force on January 11, 2024. The Data Act will apply in large part from September 12, 2025. The main focus of regulation is on access to data generated by the use of networked products (physical objects) and connected services (digital services, including software), in favor of users and third parties, Articles 3 to 5 DA. The Data Act complements the GDPR, for example, in the area of Articles 15 and 20 of the GDPR. The user must be informed about their rights under the Data Act according to Article 3(2) DA, so that within its scope, information obligations exist beyond the GDPR. Otherwise, the GDPR should remain “unaffected” by the Data Act; the GDPR should take precedence over the Data Act (Article 1(5), Recital 7, Clause 5 Data Act). If a user’s request for disclosure involves the personal data of third parties, such disclosure, for example, requires a legal basis.