May 13, 2022

BRUSSELS – Today, global tech trade association ITI submitted comments on the EU Data Act Proposal. In the comments, ITI outlined its support of the goals to facilitate data access and use, promote data sharing, and improve switching between cloud services, while preserving incentives to invest in data innovation and upholding individuals’ rights.

ITI writes in the submission that “these objectives would be best achieved through ensuring alignment with existing EU data rules, and encouraging data sharing based on contracts that protect investment in data innovation and provide safeguards against unfair competition and disclosure of IP and trade secrets. Our industry is also supportive of efforts to improve cloud switching and data portability in a way that is realistic, meaningful and economically viable. Finally, we strongly urge lawmakers to avoid adding any further data flows requirements, which – given the Data Act’s focus on non-personal data – would be a disproportionate and unjustifiable restriction to international transfers. ITI looks forward to working with policymakers to ensure that the final Data Act can address these key issues with a balanced and innovation-oriented approach.”

In the comments, ITI presented recommendations for policymakers to improve the Commission’s proposal by:

  • Clarifying key concepts, including the definitions for “data” and “product”, and building stronger IP and trade secrets safeguards ;
  • Limiting government access to data to exceptional cases and subject to effective safeguards;
  • Ensuring that switching provisions are practical and feasible;
  • Avoiding any unjustified restriction to the flow of non-personal data across borders.

Read ITI's full comments here.

Public Policy Tags: Data & Privacy