Orgalim comments on the publication of the Data Act
23 February 2022
A future-proof EU regulatory framework for the transition to a data-driven economy is essential for our industries. Our companies are developing and providing sensor-equipped machinery, data-based services, smart production systems and intelligent products. Data flows make it possible to increase manufacturing productivity and tap into new efficiency gains, whilst simultaneously enabling new data-driven services and business models. All these developments are preconditions for Europe’s continued global leadership when it comes to Advanced Manufacturing.
Today’s Data Act proposal by the European Commission therefore goes to the heart of our industries’ future growth and competitiveness. Orgalim supports the Data Act’s overarching objective to foster Europe’s data economy. The provisions aiming at enhancing interoperability and facilitating portability across services go in this direction. However, several aspects are a cause for concern. The proposal would force businesses to share data in some situations and introduces a so-called “unfairness test” to limit some practices of businesses across the data value chain. Moreover, it introduces situations where public sector bodies could get access to specific business data. The proposal also foresees limitations to international data transfers, with potentially far-reaching negative consequences for Europe’s data economy.
"A thriving data economy is crucial to achieve the EU strategic objectives of the Digital Decade", says Orgalim Director General Malte Lohan. "Data sharing needs to be incentivised and not imposed, and therefore it is key that the industry is fully involved in developing a functioning and viable framework for the data economy".
Data sharing needs to be incentivised and not imposed, and therefore it is key that industry is fully involved in developing a functioning and viable framework for the data economy
Orgalim supports the facilitation of data access and use in business-to-business (B2B) and business-to-government (B2G) situations. We believe that the role of the legislator in this field should be focused on measures that would encourage and foster B2B and B2G data sharing with "freedom of contract" and "respect for intellectual property rights” as the guiding principles. Also, Europe needs to continue facilitating international data transfers, rather than adding obstacles, as such transfers will enable Europe to be a true champion in the global data economy.
We will work closely with policymakers to ensure the Data Act achieves maximum benefit for the future competitiveness of Europe’s manufacturing industries, and for the EU economy as a whole.
For more information on Orgalim’s priorities, please see our recent position paper on the Data Act consultation.