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  1. New EU data access regulations are shaping the future
8. New EU data access regulations are shaping the future
2025 Data law trends
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In brief

The European Commission’s Data Strategy 2020 has paved the way for new data access regulations that will significantly impact businesses across Europe. In this chapter, we dive into the data access rights established by the EU’s Data Act, along with two pivotal Common European Data Spaces: the European Health Data Space (EHDS) and the Financial Data Access (FIDA) framework.

These new regulations are set to affect many businesses operating in the EU market. If you offer connected products in the EU (eg smart devices) or software that connects to devices being used there and that enables the devices to perform their functions (eg certain apps), the Data Act applies to you, regardless of where your organization is based. The EHDS and FIDA introduce complex obligations for various stakeholders in the health data and financial services ecosystems.

We’ll explore the challenges and opportunities these data access regulations present for businesses and provide practical advice to help you navigate the new compliance landscape.

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New EU data access regulations are shaping the future

The primary objective of the new data access rights under the Data Act, EHDS and FIDA is to foster the development of a unified data market in the EU. This entails making all data produced in this unified data market, whether personal or non-personal, accessible to all market participants, irrespective of their size or influence, in accordance with fair, transparent, proportionate and non-discriminatory access rules. Entities and individuals possessing data, such as data generated via connected products or digital services, will be empowered to share this data for reuse, either freely or for compensation.

However, while all three laws contribute to a major shared objective, the Data Act aims to enhance data access across sectors, particularly for Internet of Things (IoT)-generated data, while the Common European Data Spaces create a framework for data sharing in key areas like health (EHDS) and finance (FIDA).

Looking ahead

Now is the perfect time to embark on your compliance journey and get ready for the upcoming data access requirements under the Data Act, which will take effect on September 12, 2025 (though keep an eye out for certain provisions with different application dates). Recent guidance from the EU Commission has clarified some of the previously ambiguous terms in the Data Act, making practical implementation more straightforward (check out our Freshfields blog post for more insights).

The EHDS is nearing its final stages, with adoption expected in autumn or winter 2024. This gives affected stakeholders two more years to work towards compliance.

On the other hand, the FIDA is still in the early stages of its legislative journey. It’s definitely one to watch, as it holds great potential for new data business models in the financial sector – something that’s a key aspect of all the new data access regulations coming out of Brussels across various industries.

Our team

Our team

Milan
Davide Borelliカウンセル
Vienna
Estella Dannhausenアソシエイト
Amsterdam
Enrico De Jongアソシエイト
Amsterdam
Mark Egelerパートナー
Düsseldorf, Frankfurt am Main
Theresa Ehlenパートナー
Vienna
Gernot Fritzカウンセル
Frankfurt am Main
Daniel KlingenbrunnPrincipal Associate
Düsseldorf
Julia UtzerathSenior Knowledge Lawyer
Düsseldorf
Christoph Werkmeisterパートナー
2025 Data law trends

2025 Data law trends

Nov 29 2024
1. AI governance takes center stage

With regulatory pressures, changing expectations from shareholders and customers, and the increasing risk of litigation, it’s clear that addressing AI governance is more important than ever.

2025 Data law trends
Nov 29 2024
2. International data transfers are under the spotlight

In 2025, questions around data transfers and localization requirements will still be front and center for businesses. Regulators across different jurisdictions – each with varying requirements – aren’t holding back either; they’ve shown they’re ready to impose hefty fines for non-compliance.

Nov 29 2024
3. A new wave of cyber threats is here

As global cybersecurity threats continue to evolve, companies are navigating an increasingly complex risk landscape.

Nov 29 2024
4. New global regulations are changing our digital operations

Over the past year, a global push to regulate the safety, accountability, and transparency of online services have begun to crystalize. In late 2023, the EU Digital Services Act came into force alongside the passage of the UK Online Safety Act, signaling a significant shift in how digital intermediaries are regulated.

Nov 29 2024
5. Tougher enforcement is reshaping data and privacy compliance

The spotlight on AI risks is intensifying, and with it comes a surge in data-related regulatory enforcement worldwide. Regulators are not only using existing laws but are also advocating for greater powers to oversee AI development and deployment.

Nov 29 2024
6. US State consumer privacy laws are expanding

Consumer privacy legislation in the US has reached a critical turning point. With no comprehensive nationwide privacy law in place, individual states have begun enacting their own laws to safeguard consumer privacy. Currently, over 40 percent of US states have implemented consumer privacy laws, and momentum continues to grow as additional states propose and consider their own legislation.

Nov 29 2024
7. Asia’s privacy laws are maturing

In recent years, many countries across Asia have either rolled out new comprehensive privacy laws or made significant amendments to existing regulations. Notable examples include China, India, Indonesia, Japan, Malaysia, South Korea, Sri Lanka, Thailand, and Vietnam. Currently, Indonesia, India, and Malaysia are working toward the full implementation of their newly amended laws.

Nov 29 2024
8. New EU data access regulations are shaping the future

The European Commission’s Data Strategy 2020 has paved the way for new data access regulations that will significantly impact businesses across Europe. In this chapter, we dive into the data access rights established by the EU’s Data Act, along with two pivotal Common European Data Spaces: the European Health Data Space (EHDS) and the Financial Data Access (FIDA) framework.

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