ARTICLE
1 December 2023

European Council Adopts The Data Act

FL
Foley & Lardner
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
The new EU "Data Act" perhaps should be more properly referred to as the "It's My Data and I'll Do What I Want With It" act, as it provides some pretty broad usage rights to consumers who use connected devices.
European Union Privacy
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The new EU "Data Act" perhaps should be more properly referred to as the "It's My Data and I'll Do What I Want With It" act, as it provides some pretty broad usage rights to consumers who use connected devices.

While it doesn't necessarily describe "ownership" (whatever that really means when it comes to data that can be copied and used anyway), it provides consumers access to data that was previously only accessible by the vendors of products and services and allows those consumers to port their information to other vendors. This is particularly interesting in the context of IoT/connected devices - where a consumer can now easily port information (say from a connected coffee maker) on usage and other preferences (like how often they need a special blend of coffee beans) to another vendor's products and services. This not only minimizes previous barriers to switching vendors (so-called "stickiness" of customers), but also may allow consumers to potentially monetize the data collected about their use of connected products and services.

It will be interesting to see what the impacts of this new law will be throughout Europe and if we ever get similar laws in the United States.

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ARTICLE
1 December 2023

European Council Adopts The Data Act

European Union Privacy
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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