Bundestag passes law to implement the data act
- Wintergerst: "The focus must be on fostering innovation."
The Bundestag is set to pass the Data Act Implementation Act today. The law governs the national transposition of the European Data Act, which has already been directly applicable in large part since 12 September 2025. Bitkom President Dr. Ralf Wintergerst comments:
"The Data Act Implementation Act is long overdue. We explicitly welcome the fact that the Federal Government has refrained from introducing national special provisions and is now establishing centralised oversight through the Federal Network Agency. This gives businesses the dedicated points of contact they urgently need. What matters now is that the supervisory authority does not become a brake on progress, but instead supports businesses in implementing the regulation — because many of its provisions still require interpretation. Last year, two thirds (66 per cent) of businesses 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 less time for innovation. The EU itself acknowledges the need for improvement in areas such as the protection of trade secrets, cloud switching, and transitional periods for existing contracts.
The focus of the Data Act must be on fostering innovation. Its potential for the European data economy needs to be harnessed — for instance with regard to artificial intelligence and new data-driven business models. New services could, for example, emerge by drawing on data from a wide range of companies and industries. This is also urgently necessary: in a recent Bitkom survey, 40 per cent of all businesses with 20 or more employees in Germany said they find it difficult to develop new digital products or services. 34 per cent have abandoned the idea entirely. And 6 in 10 (61 per cent) are making little or no use of the data available to them. The Data Act can facilitate the exchange of data 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 broadly applicable since September 2025, following a transitional period. It encompasses a wide range of provisions — including measures to facilitate switching between cloud providers and to enable public authorities to access business data in emergency situations. It also sets out requirements for data-related contractual clauses and grants businesses and users rights over data generated by 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 Assistance for Implementing Regulation (EU) 2023/2854 — From Practice, For Practice" explains the provisions of the Data Act, provides concrete practical tips, and addresses the most important questions for affected businesses of all sectors and sizes. It was developed in collaboration with experts from Bitkom's 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" sets out concrete use cases and business opportunities arising from the Data Act — 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)
