Data Act threatens to become a brake on innovation

23.05.2025

Source: E & M powernews

Companies must have implemented the Data Act by mid-September. But many companies are unprepared, warns digital association Bitkom.

The European Data Act will become mandatory in just under four months. However, according to a Bitkom study, only a few companies have dealt with the new requirements so far. Only one percent of the 605 companies surveyed with 20 or more employees have fully implemented the Data Act, while a further four percent have partially implemented it. Ten percent are in the initial phase, while 30 percent have not yet begun implementation. More than half assume that they are not affected by the regulation.

"The Data Act affects almost every company, but most of them haven't even seriously considered it yet," complains Bitkom President Ralf Wintergerst. "The Data Act must not repeat the drama of the General Data Protection Regulation. The GDPR has become a real obstacle to innovation due to years of uncertainty and implementation difficulties. Management must wake up now and politicians must provide better support."

The EU Data Act was adopted in November 2023 and will apply from September 12, 2025 after a transition period. It contains a large number of different regulations that are intended to make it easier to switch cloud providers, for example. However, it also sets out requirements for contractual clauses relating to data and, above all, gives users and third parties rights to data from networked devices.

For example, the Data Act is intended to stipulate when companies and private individuals may receive and pass on information from networked devices. Until now, such data has often been collected exclusively by the manufacturers of the devices - for example, by a company that builds a connected car or the manufacturer of a smart home device.

Data economy falls short of expectations

Bitkom also criticizes the lack of political preparation. It is still unclear which authority will be responsible for implementation in Germany. Wintergerst: "The new government must make up for this immediately. Data is crucial for business success in many areas, whether in the training and use of AI, in medical technology or in the automotive industry."

Despite the increasing importance of data-driven business models, Germany is not considered a pioneer. Two thirds of the companies surveyed expect data to be crucial for prosperity and growth in the future. Nevertheless, only six percent see Germany in the lead. The USA (32%) and China (28%) are perceived as leaders. Only seven percent of companies make full use of their own data potential. 41 percent make little or no use of it.

However, Bitkom assumes that business with data will also expand massively in Germany in the coming years. Today, 41% of companies are already active on data markets as data buyers, while 16% offer data there. However, a further 34% want to obtain data from data markets in the future and 43% want to offer data. The number of data consumers could therefore rise to 75 percent and the number of data providers to 59 percent in the future. "In a few years, every second company in Germany will provide its own data," says Wintergerst. However, a data economy needs "legal certainty and regulation that actively promotes data-driven business models".

Author: Heidi Roider