The European Data Act will come into force on 12 September 2025, reshaping how data is accessed, shared and controlled across the European Union. To help companies prepare, the Netherlands Authority for Consumers and Markets (ACM) has published draft guidelines for manufacturers and suppliers of smart devices, now open for public consultation until 31 October.
The Data Act is designed to strengthen Europe’s data economy by giving users greater control over the information generated by connected devices, while ensuring businesses can compete on a more level playing field. It introduces obligations for manufacturers and service providers in sectors such as automotive and agriculture, requiring them to make device-generated data available to users. Those users can then share their data with third parties, such as repair shops or developers of new digital services.
The legislation also imposes requirements on cloud providers to facilitate data transfer and ensure interoperability between different systems, reducing the risk of vendor lock-in. According to the Commission, these measures will open opportunities for innovation and enable both individuals and companies to benefit more directly from the value of their data.
The ACM’s draft “Data Sharing Guideline” is intended to help businesses understand and implement the new rules. Companies and stakeholders are invited to review the document and provide feedback on whether it adequately addresses their questions and concerns. Comments can be submitted by email to dataact@acm.nl until the end of October.
In the Netherlands, the ACM will serve as the primary supervisory authority for the Data Act, with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) taking on complementary oversight responsibilities. The ACM will also coordinate with supervisory bodies in other EU member states. Dutch legislation implementing the Act is still pending parliamentary approval; once adopted, the ACM will gain full enforcement powers, and individuals and businesses will be able to report suspected violations.
