SMEunited welcomes long-awaited Data Act

23 February 2022
by smeunited -- last modified 23 February 2022

SMEunited warmly welcomes the adoption by the Commission of the proposal for a Data Act. The Act is an important and necessary step towards a fair and balanced legal framework for the data economy as it will guarantee access to and use of data for SMEs.

"By presenting this draft Act, the European Commission shows that it has clearly understood the needs of small enterprises in the data economy. The whole consultation process took several years, and the Commission had to deal with strong opposition by large undertakings and gatekeepers. However, our requests are finally granted", emphasised SMEunited President Petri Salminen. He expressed the hope that the Commission would quickly propose the highly needed sector-specific legislation in this field.

For the first time, the proposed legislation establishes some key principles for B2B and B2C data sharing. Products must be designed and manufactured in such a way that the data generated by their use are easily accessible for the user.  In addition, there is an obligation to make data available to third parties at the user's request. "These principles will enable a competitive offer of aftermarket services", underlined Mr Salminen.  "It was important to find an EU-wide solution to tackle the problems that often occur in international supply chains rather than introducing a patchwork of national solutions.  The approach for the whole EU ensures a level-playing field for European companies operating in the single market."

The proposal also contains a list of unfair contractual terms concerning access to and use of data. "This list corresponds fully with the practices our SMEs complain about. SMEunited welcomes that the Commission applies a narrow interpretation of "contractual freedom", Mr Salminen added.  Indeed, the Commission states that the contractual freedom remains unaffected as only excessive and abusive clauses are invalidated.

Finally, the introduction of minimum contractual, commercial and technical requirements to be met by cloud service providers in the case of switching of a provider is accurate. It corresponds to the SMEunited demands.

SMEunited, formerly known as UEAPME, is the association of crafts and SMEs in Europe with around 70 member organisations from over 30 European countries. SMEunited is a recognised employers' organisation and European Social Partner and acts on behalf of crafts and SMEs in the European Social Dialogue and in discussions with the EU institutions.

SMEunited