The German Bundestag is on the verge of passing the national implementing legislation for the European Data Act. This is intended to flesh out the regulatory framework for the application of the EU regulation in Germany. The underlying EU Data Act has been in force since January 2024 and, following the expiry of the transition period, has largely been directly applicable in all Member States since September 2025.
With the new law, Germany is now creating the institutional conditions for practical implementation. The Federal Network Agency will play a central role in this, acting as the single supervisory authority in future. The aim is to provide companies with clear responsibilities and points of contact, thereby offering greater guidance on how to deal with the new regulations.
Business calls for pragmatic implementation
From the perspective of the digital economy, this step comes late but is generally welcomed. Dr Ralf Wintergerst, President of the digital association Bitkom, emphasises in particular the importance of an innovation-friendly framework. It is crucial, he says, that the new regulatory framework does not lead to additional bureaucratic hurdles, but actively supports companies in their implementation.
The background to this is the high implementation burden that many companies are already complaining about. According to Bitkom, around two-thirds of the affected companies report significant burdens caused by the new requirements. At the same time, 75 per cent state that this leaves them lacking important resources for innovation. In particular, unclear issues of interpretation – such as regarding the protection of sensitive business data, switching between cloud providers, or transitional arrangements for existing contracts – continue to cause uncertainty.
The Data Act as an opportunity for the data economy
Despite the challenges, the Data Act holds considerable potential for the European economy. The aim of the regulation is to improve access to and the use of data – particularly from connected devices and digital applications. This is intended to enable new data-driven business models, innovative services and advances in the field of artificial intelligence.
There is a great need for action here: according to Bitkom, 40 per cent of companies in Germany struggle to develop new digital products or services. More than a third even refrain from doing so entirely. At the same time, around 61 per cent of companies have so far made little or no use of their existing data. Here, the Data Act could provide a significant boost by facilitating data exchange and creating transparency regarding existing data.
New rules for data access and switching cloud providers
The EU Data Act encompasses a wide range of concrete measures. These include, amongst other things, easier options for switching between cloud providers to reduce dependencies and strengthen competition. Furthermore, public authorities will be granted access to company data under certain conditions, such as in emergency situations.
Another key aspect is the regulation of data rights. Companies and users are granted clearly defined rights to data generated by connected devices. At the same time, guidelines for contractual clauses are established to ensure fair terms when handling data.
Support for companies
To facilitate practical implementation, the industry association Bitkom provides supporting materials. A comprehensive guide offers concrete recommendations for action, explains key regulations and answers frequently asked questions from business practice.
Furthermore, a supplementary publication uses concrete examples to illustrate the economic opportunities that may arise from the Data Act – for instance, through the use of IoT data, the development of new digital services or the training of AI models.
Conclusion
With the national implementing legislation, Germany is laying the foundations for the application of one of the key European data regulation projects. Whether the Data Act can realise its full potential, however, depends largely on its practical implementation. Business and politics now share the responsibility of creating a framework that enables innovation rather than hindering it.
