Data sharing

Smart data sharing strengthens your business

For medium-sized enterprises and scale-ups, data sharing is increasingly becoming a strategic tool. With the introduction of the Data Act, which will fully come into effect in September 2025, data sharing is not only desirable but, in some cases, also legally mandated. What does this mean for your organization, and how can you avoid legal risks?

Why a data sharing agreement is essential

A data sharing agreement provides the necessary legal framework for data sharing between parties. Especially now that the Data Act imposes requirements for transparency, non-discrimination, and access to data, it is important to document this properly. A solid agreement protects your interests and ensures compliance with regulations.

A good data sharing agreement includes, among other things:

• Ownership and usage rights: who provides what data, how may it be used, and who has rights to the derivative data?
• Security and privacy: technical and organizational measures, including GDPR compliance and security requirements from the Data Act.
• Liability: agreements regarding damages, data breaches, and violations of agreements.
• Termination: rules concerning the deletion or continued use of data after the collaboration ends.

Practical applications of data sharing

Data sharing is already taking place in many sectors:

• Food industry: sharing sales data and provenance information prevents waste and strengthens the supply chain.
• Healthcare sector: medical data exchange contributes to better healthcare delivery.
• Manufacturing industry: shared sensor data optimizes maintenance and production logistics.

What does the data act mean for you?

The Data Act obliges companies to make data available to other parties or government agencies under certain conditions. Non-compliance with these rules can lead to sanctions. Therefore, timely anticipation with clear processes and legal agreements is necessary.

How BG.legal helps

Our specialists assist with:

• Drafting legally watertight data sharing agreements;
• Compliance audits in the context of the Data Act;
• Strategic advice on data sharing in chains and collaborations.

Would you like to share data safely and in compliance? Contact us for tailored legal advice.