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Data Act Enforcement Begins Today, Leaving Several Uncertainties Unanswered

Despite a 20-month adaptation period, Germany continues to grapple with the absence of procedural standards and oversight bodies. Tech association Bitkom releases a hands-on manual to guide businesses.

Data Protection Regulations Take Effect Today, Leaving Numerous Unanswered Questions
Data Protection Regulations Take Effect Today, Leaving Numerous Unanswered Questions

Data Act Enforcement Begins Today, Leaving Several Uncertainties Unanswered

The technology industry association, Bitkom, has taken the lead in helping businesses navigate the European Data Act, with the publication of two comprehensive guides.

According to a Bitkom study conducted in the spring, only 1% of companies have fully implemented the Data Act, while a further 4% have partially implemented it. This underscores the need for practical guidance on this complex legislation.

The European Data Act became generally applicable on September 12, 2025, after a 20-month transition period. However, during this period, the German government has not clarified procedural questions or designated supervisory authorities for the Data Act. Until a dedicated digital authority under the Digital Ministry is established, the responsibility for monitoring the data protection law will be handled by existing regulatory bodies.

One of the guides, titled "Implementation of the Data Act," provides practical tips for businesses looking to comply with the new legislation. It is available for free download at www.ourwebsite/Bitkom/Publications/Implementation-of-the-Data-Act.

The other guide, "Opportunities in the Data Act," outlines how the legislation can support the development of new services and offers insights into how businesses can exploit the Data Act for economic and societal goals. This guide is available at www.ourwebsite/Bitkom/Publications/Opportunities-in-the-Data-Act.

Both guides are free to download as PDFs and do not contain advertisements. They also provide answers to important questions about the Data Act and offer examples of how the Data Act can be used to maintain transparency over data, train AI models, or facilitate the switch between cloud providers.

Dr. Ralf Wintergerst, President of Bitkom, has called on the German government to pass an implementing act for the Data Act and establish a digital agency under the Digital Ministry to oversee the Data Act. He claims that Germany is at risk of breaching European law and hindering a uniform European interpretation of the Data Act.

For more information about the Data Act online, visit www.ourwebsite/Themes/Data-Act. The guides are a valuable resource for businesses looking to comply with the European Data Act and take advantage of its opportunities.

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