Comparison GuideEU data sharing lawData Act and DGA

EU Data Act vs Data Governance Act Access rights vs trusted sharing frameworks

Separate mandatory Data Act access, contract, B2G, and cloud-switching duties from rules for reuse, neutral data intermediation, and data altruism.

Use the legal trigger and actor role to choose the correct workstream. A project can fall under both regulations, and GDPR, sector law, intellectual-property rights, trade-secret rules, and national access law may still control parts of the same data flow.

Author
Sorena AI
Published
May 6, 2026
Updated
Oct 15, 2026
Overview

Use the Data Act when the issue is a right or duty to access, use, or share covered data, an unfair data-sharing term, an exceptional-need public-sector request, cloud switching, or interoperability. Use the when the issue is reuse of protected data held by a public-sector body, operation of a , recognised data altruism, or the supporting registers and authorities. The Data Act has applied generally since 12 September 2025; its Article 3(1) access-by-design duty applies to connected products and related services placed on the market after 12 September 2026. The Data Governance Act has applied since 24 September 2023. Neither regulation creates ownership of data, requires every dataset to be shared, or displaces GDPR or other applicable sector, confidentiality, intellectual-property, competition, or national-security law.

Side-by-side comparison

EU Data Act vs Data Governance Act: what changes in practice

This matrix helps decide whether the work is a Data Act access, contract, B2G, or cloud-switching obligation, a reuse, intermediary, or altruism governance issue, or both.

Review all sources
First framework
EU Data Act

Mandatory rights and obligations for access to and use of data, especially connected-product data, third-party sharing, B2B fairness, B2G exceptional need, cloud switching, and interoperability.

Second framework
Data Governance Act

Trust and governance framework for reuse, neutral data intermediation, data altruism, single information points, registers, and EDIB coordination.

Scope boundary

EU Data Act

Covers fair access to and use of data, including connected products and related services, user and third-party access, B2B data-sharing terms, B2G exceptional-need requests, switching between data processing services, and interoperability for data spaces and smart contracts.

Data Governance Act

Chapter II covers public-sector data protected by commercial or statistical confidentiality, third-party intellectual-property rights, or personal-data rules where that data falls outside the Open Data Directive. Other chapters govern data intermediation services, recognised data altruism organisations, single information points, registers, and EDIB.

Operational implication

Use Data Act controls when a covered product, related service, contract, public-sector request, cloud service, or interoperability duty drives the work. Use DGA controls when the issue is protected public-sector reuse, neutral intermediation, altruistic data sharing, or DGA governance infrastructure.

Covered actors

EU Data Act

Key roles include users, data holders, data recipients, third parties, manufacturers, related-service providers, public-sector bodies, Union bodies, providers of data processing services, competent authorities, data coordinators, and EDIB for consistent application.

Data Governance Act

Key roles include public-sector bodies, reusers, providers, recognised data altruism organisations, data holders, data users, competent authorities for intermediation and altruism, the Commission, and EDIB.

Operational implication

Create two role maps when a project touches both regimes. The same organisation can be a Data Act data holder, a DGA data holder, a reuser, a cloud customer, or an intermediary participant depending on the exact service and dataset.

Core requirements

EU Data Act

Creates duties around making product and related-service data accessible, sharing with users or third parties under conditions, protecting trade secrets proportionately, preventing unfair B2B terms, responding to valid B2G requests, enabling data processing service switching, and meeting interoperability requirements.

Data Governance Act

Creates governance conditions for reuse, neutrality and structural separation for data intermediaries, notification to competent authorities, recognised labels and registers, not-for-profit and safeguard expectations for data altruism, and common consent-form support.

Operational implication

Do not merge the obligation lists. Data Act work usually changes product, API, contract, support, procurement, or cloud-exit operations. DGA work usually changes reuse conditions, intermediary structure, transparency, registration, consent, or public-sector metadata operations.

Governance and reuse boundaries

EU Data Act

Does not create the DGA intermediary or altruism model. It can still affect reuse projects where connected-product data, B2B access terms, public-sector exceptional-need requests, data-space interoperability, or cloud-switching rights are part of the same project.

Data Governance Act

Sets conditions for reuse of covered but does not itself require a public-sector body to permit reuse. It also regulates covered data intermediation services and provides a voluntary recognition framework for eligible not-for-profit data altruism organisations.

Operational implication

For , identify the Union or national rule under which the body may or must permit reuse before applying DGA safeguards. For a marketplace, data trust, or data donation project, confirm that the service meets the DGA definition before treating notification or recognition as applicable.

Evidence record

EU Data Act

Keep the Data Act source article or chapter, product or service facts, data category, access request or delivery record, recipient terms, trade-secret safeguards, contract review, B2G request file, switching plan, interoperability note, complaint record, or authority correspondence.

Data Governance Act

Keep the DGA basis, protected-data category, reuse decision, secure-processing or confidentiality safeguards, intermediary notification and neutrality evidence, altruism transparency and consent materials, register entry, single-information-point metadata, and competent-authority correspondence.

Operational implication

A combined EU data-sharing file should contain two labeled evidence indexes. One proves Data Act access, contract, B2G, switching, or interoperability handling; the other proves DGA reuse, intermediation, altruism, register, or EDIB-related governance handling.

Timing and deadlines

EU Data Act

The Data Act has applied generally since 12 September 2025. Article 3(1), which requires covered product and related-service data to be readily accessible by design, applies to connected products and related services placed on the market after 12 September 2026. Separate transitional rules apply to Chapter III and Chapter IV contracts.

Data Governance Act

The DGA has applied since 24 September 2023. A public-sector body must decide a reuse request within two months, subject to a possible extension of up to 30 days for exceptionally extensive and complex requests. A data intermediation provider must notify the competent authority before starting a covered service.

Operational implication

Record the relevant product placement date, contract date, reuse-request date, or proposed intermediation start date. Do not treat the general application date as the deadline for every duty.

Enforcement

EU Data Act

Member States designate competent authorities and, where relevant, data coordinators. The Data Act includes complaint rights, judicial remedies, information requests, cooperation between authorities, and Member State penalty rules that must be effective, proportionate, and dissuasive.

Data Governance Act

DGA supervision depends on the activity: competent authorities monitor data intermediation services and recognised data altruism organisations, while public-sector bodies and competent bodies administer protected-data reuse. Member States set effective, proportionate, and dissuasive penalties for specified infringements.

Operational implication

Escalate through the route for the activity at issue. Neither regulation supplies one EU-wide fine table; verify the applicable Member State penalty rules.

Which framework applies

EU Data Act

Choose the Data Act analysis when the next action is to give or refuse access, provide data to a third party, protect trade secrets, review a B2B term, answer an exceptional-need public-sector request, switch a data processing service, or meet interoperability duties.

Data Governance Act

Choose the DGA analysis when the next action is to permit reuse, run a neutral , register or operate a data altruism organisation, prepare single-information-point metadata, or rely on DGA governance structures.

Operational implication

If the answer affects product design, access delivery, cloud exit, or contract terms, Data Act owners should lead. If the answer affects reuse safeguards, intermediation neutrality, altruism safeguards, registers, or information points, DGA owners should lead. If both are true, keep two cited conclusions.

EDIB and interoperability

EU Data Act

The Data Act includes interoperability requirements for common European data spaces and support from EDIB on standards, common specifications, smart contracts, and data processing service interoperability.

Data Governance Act

The DGA created EDIB to share best practices on data intermediation, data altruism, use, and prioritisation of cross-sectoral interoperability standards.

Operational implication

For a common European data space, distinguish technical interoperability and access duties from the governance trust model. EDIB appears in both laws, but its role does not collapse Data Act access rights and DGA trust structures into one obligation.

Practical decision rule

Practical decision rule

  • For connected-product data, identify the user, data holder, product placement date, requested data, recipient, and any trade-secret or GDPR limits.
  • For protected public-sector reuse, identify the Article 3 category, any exclusion, the legal basis for permitting reuse, the safeguards, and the two-month decision period.
  • For intermediation or altruism, confirm that the service meets the DGA definition before assigning notification, separation, recognition, transparency, or recordkeeping duties.
Section 2

Map the actor before assigning a duty

Under the Data Act, the actor map usually starts with the user of a connected product or related service, the data holder, any third-party recipient, a product manufacturer or related-service provider, a public-sector requester, or a provider of data processing services. Under the , the actor map usually starts with the public-sector body holding protected data, the reuser, a provider, a recognised data altruism organisation, a competent authority, or the European Data Innovation Board.

Some names overlap, especially user, data holder, and competent authority. Do not assume the same organisation has the same legal role in both regimes; a company can be a Data Act data holder for connected-product data and separately use a DGA intermediary or participate in a data altruism project.

  • For Data Act work, record the product or service, the user, the data holder, the requested data, the recipient, the use purpose, trade-secret concerns, and any cloud or B2G context.
  • For DGA work, record whether the project is public-sector protected-data reuse, intermediation, altruism, or data-space governance, and identify the competent authority or register interaction.
  • Keep a separate role line where GDPR, sector law, trade-secret protection, public-sector confidentiality, or cloud-contract obligations affect the same dataset.
Section 3

Separate access rights from sharing infrastructure

The Data Act can require covered products and services to be designed for access, data to be made available to users or eligible third parties, data to be supplied to public bodies in cases of exceptional need, and data processing services to support switching. The sets conditions for protected public-sector reuse, neutral intermediation, and recognised data altruism.

The required records and controls also differ. A Data Act project may need product data inventories, access interfaces, user notices, recipient terms, trade-secret safeguards, contract remediation, B2G request files, or switching documentation. A DGA project may need reuse conditions, secure processing arrangements, confidentiality terms, intermediary notification analysis, structural-separation controls, altruism registration materials, or single-information-point metadata.

  • Do not use a DGA data intermediary label to bypass Data Act access, trade-secret, or recipient checks for product-generated data.
  • Do not use Data Act language to overstate rights to ; the DGA reuse framework depends on safeguards and the underlying legal basis for reuse.
  • For data spaces, document both the Data Act interoperability or access issue and the DGA governance mechanism if both are present.
Section 4

Keep evidence for the applicable regime

The evidence file should show which regime applies and why. For the Data Act, connect the data flow to a covered product, related service, data holder, recipient, contract term, public-sector request, or data processing service switching obligation. For the , connect it to , an intermediary service, an altruism organisation, or a single-information-point process.

Keep a short, cited record that product, legal, security, procurement, and data-governance teams can use to approve an access response, contract clause, reuse condition, intermediary model, or altruism workflow.

  • Data Act evidence: dataset inventory, access method, user instructions, recipient terms, trade-secret safeguards, refusal or suspension basis, compensation or contract review, B2G request record, and switching plan.
  • DGA evidence: protected-data category, reuse basis, public-sector decision record, secure processing or confidentiality conditions, intermediary notification and neutrality controls, altruism transparency safeguards, and register correspondence.
  • Shared evidence: GDPR assessment, sector-rule note, data-space participation terms, interoperability references, and competent-authority correspondence where those issues apply.
Recommended next step

Compare your Data Act and DGA workstreams

Turn this comparison into a working issue list for product data access, cloud switching, protected public-sector reuse, intermediary services, data altruism, and data-space participation.

Section 5

Follow the enforcement route for the activity

The Data Act requires Member States to designate competent authorities, handle complaints, cooperate across borders, and set effective, proportionate, and dissuasive penalties. It also gives affected natural and legal persons complaint and judicial-remedy routes. The applicable penalty depends on the Member State, infringement, and enforcement competence; check the national rule before estimating exposure.

The requires Member States to set penalties for specified infringements, including unlawful transfers of non-personal data to third countries, breaches of intermediation notification and operating conditions, and breaches by recognised data altruism organisations. Member States determine the rules, so there is no single EU-wide DGA fine table either. Identify the competent authority and national penalty rule for the activity.

  • Escalate Data Act disputes through the competent authority, complaint, judicial remedy, contract, or dispute-settlement route that matches the affected chapter.
  • Escalate DGA issues through the competent-authority, register, reuse-condition, intermediary-notification, or altruism-recognition process that matches the activity.
  • Avoid penalty thresholds or guaranteed outcomes unless the exact Member State rule and source are available.
Section 6

Route the work to the right team

Product and IoT teams should treat the Data Act as the primary source for user access, related-service data, third-party sharing, trade-secret handling, and access-by-design changes. Cloud, SaaS, and procurement teams should treat the Data Act as the primary source for switching, exportable data, contractual transparency, and international governmental access safeguards for non-personal data held in the Union.

Public-sector, research, data-space, and data-platform teams should use the when they are designing protected public-sector reuse, single information points, neutral intermediation, or altruistic data sharing. Where these projects also involve connected products, data processing services, or B2B data contracts, add a separate Data Act workstream instead of blending the regimes into one generic policy.

  • For connected products, ask what data the user can access, how it is delivered, whether a third party receives it, and what trade-secret safeguards are proportionate.
  • For cloud and data processing services, ask what switching, export, interface, transparency, charge, and functional-equivalence duties apply.
  • For public-sector and data-space projects, ask whether the activity is protected-data reuse, neutral intermediation, altruism, common European data-space participation, or a separate Data Act access case.
Primary sources

References and citations

digital-strategy.ec.europa.eu14 citations
Referenced sections
  • Commission explanation used for DGA scope, protected public-sector data reuse, data intermediaries, data altruism, competent authorities, registers, and EDIB.
  • Grounds the DGA scope: voluntary data sharing, protected public-sector data reuse, data intermediation services, data altruism, single information points, and EDIB governance.
  • Explains DGA actor categories, including public-sector bodies, data intermediaries, data altruism organisations, competent authorities, and EDIB representatives.
Show 11 more
  • Explains DGA safeguards for protected public-sector data, including anonymisation, pseudonymisation, secure processing environments, confidentiality agreements, reasonable fees, and single information points.
  • Grounds the DGA enforcement and governance discussion for intermediary notification, competent-authority confirmation, monitoring, central registers, and recognised labels.
  • Supports practical DGA consequences for protected public-sector reuse, intermediaries, altruism, EDIB, and cross-sectoral interoperability standards.
  • Supports the DGA scope column for protected public-sector data, intermediaries, altruism, single information points, and EDIB.
  • Supports DGA role categories for intermediaries, altruism organisations, competent authorities, registers, and EDIB membership.
  • Supports the DGA obligation list for reuse safeguards, neutral intermediaries, notification, recognised labels, data altruism, and consent forms.
  • Supports DGA treatment of protected public-sector reuse, neutral intermediation, and voluntary data altruism for general-interest objectives.
  • Supports DGA evidence categories for protected reuse safeguards, intermediary notification, neutrality, recognised registers, altruism, and consent forms.
  • Supports the DGA enforcement row for intermediary notification, competent-authority monitoring, recognised labels, central registers, and EDIB coordination.
  • Supports the DGA decision rule across protected public-sector reuse, intermediaries, altruism, registers, and EDIB governance.
  • Supports DGA EDIB role in best practices and cross-sectoral interoperability standards.
eur-lex.europa.eu10 citations
Referenced sections
  • Official Data Act text used for access, B2B, B2G, cloud-switching, interoperability, enforcement, complaint, penalty, and EDIB claims.
  • Grounds the Data Act scope: fair access to and use of data, connected-product and related-service data, B2B and B2G sharing, data processing service switching, interoperability, enforcement, and EDIB support.
  • Supports Data Act evidence categories for access, third-party sharing, trade-secret handling, B2G exceptional-need requests, data processing service switching, complaints, and enforcement cooperation.
Show 7 more
  • Grounds the Data Act enforcement discussion: competent authorities, complaints, judicial remedies, Member State penalties, legal representatives, data coordinators, and EDIB support.
  • Supports the Data Act scope column for access, B2B, B2G, cloud switching, interoperability, and enforcement chapters.
  • Supports the Data Act overlap with data spaces, B2G requests, cloud switching, and EDIB-guided interoperability without turning those into DGA intermediary or altruism rules.
  • Supports Data Act evidence categories tied to access, sharing, trade-secret handling, switching, complaints, cooperation, and authority requests for information.
  • Article 50 establishes the general 12 September 2025 application date, the later Article 3(1) product-placement rule, and the Chapter III and IV transition rules.
  • Supports the Data Act enforcement row for competent authorities, data coordinators, complaints, judicial remedies, information requests, cooperation, and national penalties.
  • Supports Data Act interoperability and EDIB references for common European data spaces, data processing services, and standards work.
eur-lex.europa.eu8 citations
Referenced sections
  • Official DGA text used for application dates, protected-data categories and exclusions, reuse conditions, intermediation, data altruism, supervision, and national penalties.
  • Articles 1 to 3 establish the DGA subject matter, protected public-sector data categories and exclusions; recital 11 explains that the DGA does not itself require public-sector bodies to allow reuse.
  • Articles 3 to 9 govern covered protected public-sector data, reuse conditions, fees, competent bodies, single information points, and decision handling.
Show 5 more
  • Articles 14, 24 and 34 govern supervision and Member State penalties for specified DGA infringements.
  • Article 1 and Article 3 support the DGA subject matter, covered protected-data categories, and exclusions.
  • Recital 11 states that the DGA does not itself oblige public-sector bodies to allow reuse; Chapters III and IV establish the intermediation and voluntary altruism-recognition frameworks.
  • Article 9 sets the reuse-request decision period, Article 11 requires notification before providing covered intermediation services, and Article 38 sets the 24 September 2023 application date.
  • Articles 14, 24 and 34 govern supervision and national penalties for specified DGA infringements.
digital-strategy.ec.europa.eu5 citations
Referenced sections
  • Commission explanation used for practical Data Act scope across connected products, related services, B2B sharing, B2G requests, cloud switching, and enforcement chapters.
  • Explains Data Act roles and practical chapters for connected products, related services, third-party sharing, B2G requests, cloud switching, and enforcement.
  • Supports practical Data Act consequences for connected products, related services, B2B access, B2G requests, cloud switching, interoperability, and enforcement.
Show 2 more
  • Supports Data Act role categories across connected products, third-party sharing, B2G requests, cloud switching, and enforcement.
  • Supports the Data Act decision rule across product access, B2B, B2G, cloud switching, interoperability, and enforcement chapters.
eur-lex.europa.eu3 citations
Referenced sections
  • EUR-Lex summary used for the plain-language list of Data Act measures, including connected-product access, third-party sharing, trade secrets, unfair terms, public-sector access, and switching.
  • Summarises Data Act measures on connected-product access, third-party sharing, trade secrets, unfair terms, public-sector access, cloud switching, and data-processing service interoperability.
  • Supports the Data Act obligation list in plain language, including access, third-party sharing, trade secrets, unfair terms, B2G access, and switching.
data.europa.eu2 citations
Referenced sections
  • Implementation source used for national single information points and the European Register for Protected Data held by the Public Sector.
  • Supports DGA implementation evidence for national single information points and the European Register for Protected Data held by the Public Sector.
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