EU Data Act: Data Access and Cloud Switching

EU Data Act: Data Access and Cloud Switching in practice

Who is entitled to the data your machine, car or smart thermostat collects? Regulation (EU) 2023/2854 answers in favour of the user: they can access it and pass it on, for instance to an independent repairer. Most of the rules have applied since 12 September 2025, so your data and cloud contracts should already comply.

First we establish where you sit in the data chain: manufacturer, user, cloud provider or data recipient. We then check your existing contracts for clauses the Data Act treats as unfair and draft new data sharing and cloud switching agreements. For manufacturers of connected products, we help with information duties and making data available.

What we help with

Mapping the data the company generates, receives and shares
Contract review for unfair terms and cloud switching provisions
B2B data sharing agreements on fair, reasonable and non-discriminatory terms
Connected product review: pre-contract information and data access
Handling a public body's request for data in an emergency
GDPR alignment where device data is personal data

Worth knowing

Switching cloud within 30 days

A cloud provider must allow the switch to another provider to be completed, as a rule, within 30 days of the customer's request. From 12 January 2027, data transfer charges for switching are abolished.

Unfair terms

Article 13 prevents the stronger party from imposing terms that, for example, exclude liability for intentional acts or gross negligence. The weaker party can challenge such a term.

Data access by design

Connected products placed on the market after 12 September 2026 must be designed so that users can access their data easily, free of charge and in a machine-readable format (Article 3).

The GDPR prevails for personal data

The Data Act does not change the GDPR and applies alongside it. Where device data is personal data, sharing it requires a legal basis under Article 6 GDPR.

Common questions

Most provisions since 12 September 2025. Some obligations, especially for new connected products, have longer transitional periods.
Yes. The provider must remove commercial and contractual obstacles, allow the switch as a rule within 30 days and ensure functional equivalence. Switching charges are being reduced and are abolished from 12 January 2027.
Yes, with some relief. For example, the obligations of connected product manufacturers do not apply in full to products of micro and small enterprises. The exact exemption depends on the type of obligation.

Preparing for the consultation

What to prepare for your consultation

Tick what you already have. You can print the list or save it as a PDF. Your ticks are remembered only in your browser.

For every matter

documents: contracts, decisions, demand letters, invoices
correspondence with the other party or the authority
a short timeline of what happened and when
the questions you want answered and what outcome you hope for

Also for this area

a Business Register extract and the articles of association
exactly what should change: director, registered office, shareholder, company name
identity documents of the people who will sign
contracts with partners that the matter concerns

0 of 8 ready

Discuss your matter with a lawyer

In a consultation we assess your situation, suggest a way forward and tell you what costs to expect.

€90 incl. VAT, 30 minutes, in person or online

This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.

EU Data Act: Data Access and Cloud Switching