Data Protection Act Enforcement Begins Today, Leaving Many Uncertainties Unresolved
The German digital association, Bitkom, has released two practical guides to assist businesses with the implementation of the European Data Act. The guides, available for free download as PDFs, offer valuable insights into navigating the regulations and implementation of this significant legislation.
According to a Bitkom study from spring, only 1% of companies in Germany have fully implemented the Data Act, and 4% have partially implemented it. This lack of implementation is a concern for Dr. Ralf Wintergerst, President of Bitkom, who has stated that Germany's lack of procedural guidelines and designated supervisory authorities is risking a breach of European law and hindering a uniform European interpretation of the Data Act.
Until a digital agency is established under the Federal Ministry of Digital Affairs, the Federal Network Agency and the Federal Commissioner for Data Protection and Freedom of Information (BfDI) will be responsible for the Data Act to avoid a fragmentation of supervision among the individual state data protection authorities. In Germany, before the establishment of a digital ministry for digital affairs, the BfDI is responsible for overseeing federal authorities and certain sectors like telecommunications and postal services, while the State Data Protection Authorities handle supervision at the state and local levels as well as for companies not under federal jurisdiction.
The "Implementation Guide for the Data Act: Practical assistance for the implementation of (EU) 2023/2854" provides answers to the most important questions about the Data Act and explains regulations, offering practical tips for implementation in companies. The guide is available for free download at www.ourwebsite/Bitkom/Publications/Implementation-of-the-Data-Act.
The Data Act contains a wide range of different regulations. It facilitates the switch between cloud providers, enables access to company data by authorities in emergencies, and sets out guidelines for contractual clauses relating to data. The Act also gives companies and users rights to data from connected devices, which can support the development of new services.
In addition to the Implementation Guide, Bitkom has published a guide titled "Opportunities in the Data Act", which includes examples of utilizing the Data Act for economic and social goals, maintaining transparency over data, and training AI models. The guide is available at www.ourwebsite/Bitkom/Publications/Opportunities-in-the-Data-Act.
For more information on the Data Act online, visit www.ourwebsite/Themes/Data-Act. The guides do not contain any advertisements. The European Data Act has been generally applicable as of September 12, 2025, after a 20-month transition period.
