Bundestag Passes Law to Implement the Data Act
- Wintergerst: "The focus must be on fostering innovation."
The Bundestag is today set to adopt the Data Act Implementation Act. The legislation governs the national implementation of the European Data Act, which has already been directly applicable in large parts since 12 September 2025. Bitkom President Dr Ralf Wintergerst comments:
"The Data Act Implementation Act is long overdue. We expressly welcome the fact that the Federal Government has refrained from introducing national special provisions and is now establishing centralised supervision through the Federal Network Agency. This gives businesses the points of contact they urgently need. What matters now is that the supervisory authority does not become an obstacle, but instead supports businesses in implementing the requirements – because many of the provisions still require interpretation. Last year, two thirds (66 per cent) of companies affected by the Data Act, or that had already begun implementation, reported a high administrative burden. Three quarters (75 per cent) said this left them with insufficient time for innovation. The EU itself recognises the need for improvement in this area, for example regarding the protection of trade secrets, cloud switching, and transitional periods for existing contracts.
The focus of the Data Act must be on fostering innovation. The aim should be to harness its potential for the European data economy – for instance with regard to artificial intelligence or new data-driven business models. New services could emerge, for example, by drawing on data from a wide variety of companies and industries. This is also urgently necessary: in a recent Bitkom survey, 40 per cent of all companies with 20 or more employees in Germany stated that they find it difficult to develop new digital products or services. 34 per cent have abandoned such efforts entirely. And 6 in 10 (61 per cent) have so far made little or no use of the data available to them. The Data Act can promote data sharing and help businesses gain a better overview of their own data."
Background
The EU Data Act entered into force in January 2024 and has been generally applicable since September 2025 following a transitional period. It encompasses a wide range of provisions designed, among other things, to facilitate switching between cloud providers and to enable public authorities to access business data in emergencies. It also sets requirements for contractual clauses relating to data and grants businesses and users rights over data from connected devices, which can support the development of new services.
Practical Guidance for Businesses: Bitkom's Data Act Implementation Guide
To support businesses in the practical implementation of the Data Act, Bitkom has published a comprehensive practical guide. The "Data Act Implementation Guide: Practical Guidance on Implementing (EU) 2023/2854 – From Practice, for Practice" explains the provisions of the Data Act, offers concrete practical tips, and addresses the most important questions for affected businesses of all industries and sizes. It was developed in collaboration with experts from the Bitkom membership and is available free of charge at: www.bitkom.org/Bitkom/Publikationen/Umsetzung-des-Data-Act (in German)
In addition, the guide "Opportunities in the Data Act" presents concrete use cases and business opportunities arising from the Data Act, ranging from the use of IoT data and new services through to the training of AI models. Available at: www.bitkom.org/Bitkom/Publikationen/Chancen-im-Data-Act (in German)
