Data Act Comes into Force – Association of the Internet Industry Warns: Without Rapid Implementation, German Companies Risk Competitive Disadvantage

eco Formulates Five Key Requirements for Implementation in Germany

On 12 September, the European Data Act comes into force - providing new momentum for Europe's data economy. While the EU is already moving forward, Germany is in danger of falling behind, which could further exacerbate existing uncertainties in the Internet industry. National implementation is still pending. eco - Association of the Internet Industry is therefore calling on the German federal government to act quickly and decisively now in order to create legal certainty for companies and not to squander the opportunities offered by the Data Act.

"The Data Act has the potential to make Europe's data economy more innovative and competitive - provided that Germany acts swiftly and focuses on harmonised, European implementation with clear, efficient rules," says eco Chair Oliver Süme. "What is important are clear responsibilities, a sense of proportion when it comes to sanctions, and close alignment with existing legislation such as the GDPR, the Data Governance Act and, in future, the AI Act."

In a paper published today, eco outlines five specific core requirements for implementation in Germany:

1. Streamlined supervision: Establishment of a coherent supervisory structure, preferably with the German Federal Network Agency (BNetzA) as the central authority, and clear responsibility of the German Federal Commissioner for Data Protection (BfDI) for data protection issues.
2. Sanctions with a sense of proportion: Differentiated and proportionate fines, clear distinction from the GDPR and a possible moratorium for SMEs and start-ups at the beginning of the application period.
3. Support, not just control: The public authorities should also act as a point of contact for companies and provide practical recommendations for action.
4. Europe-wide legal certainty: Address overlaps with the GDPR and DGA, develop guidelines and use the planned Data Code as a central solution.
5. Dispute resolution: Establishment of independent dispute resolution bodies modelled on the Telecommunications Arbitration Board.

The complete German-language position paper "eco Core Requirements for the Implementation of the Data Act" can be found here.