Comments requested on draft memorandum on EU Data Act's national implementation

The Ministry of Transport and Communications requests comments on the draft memorandum concerning the national implementation of the EU Data Act. The deadline for submitting comments is 31 May 2024. The Ministry has also published a study, which was conducted by the Research Institute of the Finnish Economy, on the markets covered by the Data Act in Finland.

The Data Act introduces both new obligations for data sharing and rights to the use of data, which will apply to many actors and sectors. As the Data Act is a directly applicable regulation, the obligations and rights arising from it will enter into force as such in Finland.

In order to ensure the application and enforcement of the regulation, Member States should designate one or more competent authorities. They should also ensure that infringements of the obligations laid down in the regulation are subject to penalties. The regulation will therefore impose some new obligations on the authorities.

The draft memorandum examines the implementation of the Data Act in Finland. The memorandum focuses on the functions and competences of the authorities and on the division of duties between them. It also considers any needs to amend national legislation that may result from the Data Act.

The working group of public officials, which drafted the memorandum, proposes that the Finnish Transport and Communications Agency Traficom should be designated the principal competent authority in Finland. The regulation would also introduce new enforcement functions for Finland's Data Protection Ombudsman.

The Data Act is part of the European Commission's 2020 data strategy. Promoting a data-driven European single market, the Data Act is a horizontal regulation laying down rules for all sectors that use data.

The Data Act aims to ensure fairness in the allocation of data among actors in the data economy. It also promotes the creation and development of new and innovative connected products or related services.

Report by Research Institute of the Finnish Economy on Finnish data market

The Ministry of Transport and Communications together with the Research Institute of the Finnish Economy has published a report on the markets that are covered by the Data Act's scope of application in Finland. The report provides a knowledge base on the markets and assesses the volume of business in the Finnish companies covered by the regulation.

According to the report findings, the combined turnover of large and medium-sized enterprises primarily covered by the Data Act was over EUR 44 billion in 2021. The turnover of small and microenterprises, which are subject to the Data Act's obligation to make data available to the authorities in exceptional situations, would increase the combined turnover to EUR 51 billion. The value of the data assets of the companies covered by the Data Act is estimated at EUR 5.6–6.2 billion.

Next steps

The deadline for submitting comments is 31 May 2024. All organisations and private individuals may submit comments online at www.lausuntopalvelu.fi. After the consultation round, the memorandum will be finalised. As part of its official duties, the working group will continue the preparations for drawing up a government proposal to implement the regulation.

The Data Act was published in the Official Journal of the European Union on 22 December 2023, and for the most part its application will begin on 12 September 2025.

Inquiries:

Anna Aurora Wennäkoski, Senior Specialist, anna.wennakoski(at)gov.fi, tel. +358 295 342 046

Lotta Engdahl, Ministerial Adviser, lotta.engdahl(at)gov.fi, tel. +358 295 342 005