Mauricio Tamer and Jade Stefanie

New guidelines on data processing and sharing have been discussed by the European Commission, which has adopted a proposed regulation to create a sound data-driven economy capable of monitoring the process of digital transformation in the European Union.

The action positions the European Union at the forefront of regulatory initiatives aimed at controlling data flow and digital economy models. It should be emphasized that data flow is a valuable step in a process of digital transformation, and keeping it in balance is as important as the protection of personal data.

The Data Act is part of the discussion of a set of actions and policies of the data strategy to chart Europe's digital future. The strategic plan aims to include measures to digital education and policies in the media to democratize the digital space.

The Regulation aims to consolidate and strengthen the European digital economy by making the sharing and processing of industrial data more fair and safer, stimulating competition in the data market and opening up opportunities for innovation.

Proposals for the Data Act are:

• Measures that enable users of connected devices to access the data they generate – often collected exclusively by manufacturers – and share it directly with third parties;
• Measures to rebalance the bargaining power over data sharing between companies with very unequal weights, including the adoption of contract models that allow for more equal sharing;
• Means for public sector bodies to be able to use data collected by the private sector in cases of emergencies and exceptional circumstances; and
• New rules that enable users to establish safeguards against illicit data transfers and
• cloud data processing service providers.

Among the main issues is also the control of the flow of data for commercial operations, whether in relation to companies and consumers or between companies involved in negotiations.

The inclusion of safeguards and the ability of the data subject to have greater autonomy and control of information about himself/herself directly impact the evaluation of projects and business strategies. Data are important assets that feed flexible production systems and decision-making. Therefore, delimiting the scope of ownership of these assets is a decisive factor in business relationships.