Home › Compare laws side by side › EU Data Act vs EU GDPR
EU Data Act vs EU GDPR
Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act) (European Union) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.
| Topic | EU Data Act European Union 13/14 facts confirmed by two sources | EU GDPR European Union (EEA) ✓ Confirmed by two sources |
|---|---|---|
| Status | In force since 11 Jan 2024; applies from 12 Sep 2025 (design duty 12 Sep 2026; switching fees end 12 Jan 2027).✓ | In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓ |
| Who it applies to | Makers of connected products and related services sold in the EU, data holders, cloud/data-processing service providers, and businesses using B2B data-sharing contracts, wherever established.✓ | Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓ |
| Size thresholds | Micro and small enterprises are exempt from the connected-product data-sharing duties (Chapter II), unless linked to a larger firm or subcontracted to make the product.✓ | None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓ |
| Regulator | National competent authorities designated by each Member State (DPAs for personal data issues)✓ | National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓ |
| Breach or incident reporting | N/A✓ | Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓ |
| Deadline to answer personal data requests | N/A | 1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓ |
| Data protection officer | N/A✓ | DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓ |
| Local representative | Businesses in scope that are not established in the EU but sell connected products or offer services (incl. cloud/data processing) in the EU must designate a legal representative in a Member State.✓ | Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓ |
| Sending data abroad | Cloud providers must take measures to prevent unlawful non-EU government access to non-personal data held in the EU.✓ | Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓ |
| Cookies and consent | N/A✓ | Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓ |
| Maximum penalty | Set nationally; must be effective, proportionate and dissuasive (e.g. Ireland's draft: up to 4% of EU turnover). GDPR fines apply to personal-data breaches.✓ | Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓ |
= confirmed by two independent sources, at least one official.
Facts marked “Being verified” are still being confirmed and are not given as answers.
Who each law applies to
- EU Data Act
- Makers of connected products and related services sold in the EU, data holders, cloud/data-processing service providers, and businesses using B2B data-sharing contracts, wherever established.
- EU GDPR
- Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.
What you must do under EU Data Act
- Let users access and share data generated by your connected products and services.
- Design new connected products for direct data access (products placed on the market after 12 Sep 2026).
- Give pre-contract information on what data a product generates and how to access it.
- Cloud providers: allow switching and remove all switching charges by 12 Jan 2027.
- Remove unfair data-sharing terms imposed on other businesses.
- Share data with public bodies in exceptional need when lawfully requested.
What you must do under EU GDPR
- Identify a lawful basis for every processing purpose and record it.
- Publish a clear privacy notice covering purposes, recipients, retention and rights.
- Keep a record of processing activities and sign Art 28 contracts with processors.
- Run a DPIA before high-risk processing such as large-scale profiling or sensitive data.
- Report qualifying breaches within 72 hours (lead authority, or every relevant DPA if you have no EU establishment) and log all breaches.
- Answer access, erasure and other rights requests within one month.
Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@