The Data Act. Introduction.

The Data Act was created to improve the European Union’s data economy and promote a competitive market by making data, especially industrial data, more accessible and usable. 

The legislation aims to ensure fairness in the distribution of the value of data among the players in this economy by clarifying who can use what data and under what conditions. 

The Data Act gives users of network-connected products (companies or individuals who own or lease such products) more control over the data they generate by providing incentives for those who invest in data technology. It also sets the general conditions for situations in which a company has a legal obligation to share data with another company.

In addition, the Data Act includes measures to increase fairness and competition in the European cloud market and to protect companies from unfair contractual clauses, imposed by contractually stronger parties, in relation to data sharing. It also establishes a mechanism through which, in cases of exceptional need, public bodies can request data from a company; providing clear rules on how such requests should be made. Furthermore, the Data Act introduces safeguards to prevent third country government bodies from accessing non-personal data where this would be contrary to EU or national law. 

On the issues raised by the Data Act, it is also very important to note the presence of the European Commission’s FAQs, which, although they are not regulatory documents, are an excellent interpretative tool to navigate this topic. 

The Data Act. Analysis of the legislation.

Following the general provisions (Chapter I) defining the scope of the regulation and key terms, the Data Act is structured in nine main chapters:

• Chapter II: Business-to-business and business-to-consumer data sharing in the context of IoT.
• Chapter III: Enterprise-to-Enterprise Data Sharing.
• Chapter IV: Protection against unfair contract terms.
• Chapter V: Data sharing between businesses and public administrations
• Chapter VI: Switching between data processing services
• Chapter VII: Protection against unlawful access to data by third country governments
• Chapter VIII: Interoperability in data flows
• Chapter IX: Enforcement through designated competent authorities

Chapter II: Business-to-business and business-to-consumer data sharing in the context of the IoT marketplace

A key objective of the Data Act is to create equity in the data economy and enable users to derive value from the data generated using the connected products they own or lease. This provision aims to ensure that users have access to their data generated through the daily use of IoT objects.

The standard allows users of connected products (such as connected cars, medical devices and industrial machinery) and related services (e.g. apps for managing product functionality) to access data co-created through the use of the product itself. The availability of such data will have a significant impact on the economy, as it can be used to develop after-sales services or new innovative services.

Connected products include:

• Consumer products: connected cars, wearable devices for health monitoring.
• Other products: aircraft, industrial robots.

Connected services may include applications that provide detailed analysis on the use of the product or assistance in managing its functionalities.

Chapter II applies to all types of data generated by the use of the related product or related service. This includes both personal data and non-personal data, such as metadata and information collected by sensors (e.g. temperature or location). However, derived or highly processed content is outside the scope of the law.

Users can access their own data generated through the connected product and decide whether to share it with third parties. The owner of the data must provide clear information about the rights to access and share their data. 

It is not permitted to use this data to develop competing products. The rule also ensures that micro-businesses are not subject to the same obligations as large companies.

Chapter III: Rules on mandatory data sharing between companies

The Data Act introduces specific rules for cases in which a company has a legal obligation to share its data with another company. This is particularly relevant in the context of the increasing digitisation and interconnection of economic activities as well as the significant rise of the IoT sector.

Chapter III applies to all types of data held by an enterprise and is designed to ensure that the terms of sharing are fair and reasonable. Data owners may request reasonable compensation for making information available.

Compensation may include costs incurred in preparing and disseminating the requested data sets. Micro-enterprises and SMEs may not be charged higher costs than those incurred in making the data sets available.

The law provides for specific measures in the event of unlawful access or misuse of the information shared with the aim of protecting the rights holders of their data sets. This includes the possibility for the rights holder to request corrective measures such as ceasing production of the unlawfully used product or financial compensation.

Chapter IV: Protection against Unfair Contract Terms

Chapter IV of the Data Act is designed to protect all companies, in particular small and medium-sized enterprises (SMEs), from unfair contractual terms that might be imposed by stronger players in the market. This protection is key to ensuring a fair and competitive ecosystem where SMEs can operate without being subjected to undue pressure from larger companies.

The provisions of this chapter stipulate that contractual terms and conditions must be fair, clear and reasonable. It establishes specific criteria for identifying unfair terms, which may include terms that excessively restrict the rights of SMEs or impose obligations that are disproportionate to the benefits received.

In addition, the law requires that contractual terms be drafted in a comprehensible and accessible manner so that all parties involved can easily understand their rights and obligations. This approach aims to ensure that SMEs are not forced to accept disadvantageous conditions simply because they need access to certain services or data.

The law provides specific measures to deal with situations where unfair contractual terms are suspected. SMEs can challenge such clauses before the competent authorities or through dispute resolution mechanisms. In addition, the law encourages transparency in contracts by requiring larger companies to provide detailed information on contractual terms and the implications of proposed clauses.

These measures are intended to strengthen the position of SMEs in the market, enabling them to negotiate more favourable terms and compete more fairly with large players in the sector.

Chapter V: Data Sharing between Business and Government

Chapter V of the Data Act focuses on data sharing between the private sector and public administrations. This chapter is particularly relevant in situations of emergency or exceptional need, where timely access to data can improve the response of public authorities to critical events such as health crises or natural disasters.

Public administrations will be able to access certain data sets held by the private sector in order to make informed data-driven decisions. The law stipulates that such access must take place while respecting the rights of data owners and must be justified by a clear and urgent need.

Public administrations must follow specific procedures to request access to data, thus ensuring transparency and accountability in the process. Requests must be reasoned and documented, and data subjects must be informed of the purposes for which their data are requested.

To protect the rights of data owners, the law stipulates that access requests must respect the principles of proportionality and necessity. In addition, a redress mechanism is provided for data controllers if they consider that the request is unjustified or does not comply with the applicable regulations.

These provisions aim to ensure a balance between the need of public authorities to access data for legitimate purposes and the right of citizens to privacy and protection of their personal data.

Chapter VI: Transition from one data processing service to another

Chapter VI of the Data Act establishes minimum requirements for providers of cloud and edge computing services to facilitate users’ switching from one service to another. This chapter is crucial for promoting competition in the digital services market and ensuring that users have control over their data.

Providers of the above-mentioned services must implement practices that allow users to easily transfer their data sets between different providers without incurring costly penalties or significant technical difficulties. This includes the adoption of open standards to ensure interoperability between different systems.

The law also requires providers to inform users about how the data will be transferred, including any associated costs and timeframes for completing the transfer. Users must have access to clear information on how to manage the process of migrating their data.

To ensure a smooth transition, the law provides for specific measures in case of problems during data transfer. Users are entitled to receive assistance from providers during the process and can lodge complaints if they encounter unjustified obstacles to the transfer.

These provisions are designed to reduce user lock-in with a single provider and encourage greater competition in the digital services market.

Chapter VII: Illegal access to data by the government of third countries

Chapter VII of the Data Act aims to protect European citizens from unlawful requests by external government authorities for their non-personal data sets stored in the EU. This protection is crucial to ensure the security of European users’ data and to maintain trust in the digital marketplace.

The law stipulates that any request from foreign governments must comply with EU regulations and cannot violate the fundamental rights of individuals. Competent EU bodies are responsible for overseeing access to non-personal data and must ensure that such access is justified on legitimate grounds.

In addition, the law requires IT service providers to take proactive measures to protect their data sets from unauthorised access by foreign governments. These measures may include advanced encryption and regular audits of security practices.

In the event of unlawful requests, users have the right to be informed and can challenge such requests through the competent authorities. The law also provides for severe penalties for those who attempt to illegally access non-personal data sets stored in the EU.

These provisions aim to ensure a high level of personal data protection and to maintain the integrity of the European digital market.

Chapter VIII: Interoperability

Chapter VIII focuses on interoperability between different information systems so that there is smooth communication between different information spaces. Interoperability is essential to ensure that data can flow freely between different economic actors without technical or regulatory obstacles.

Participants in common spaces will be required to comply with specific technical standards so that information flows smoothly and efficiently between different operating systems and cloud platforms. The law lays down clear requirements regarding the technical standards needed to facilitate interoperability between different digital service providers.

Furthermore, an EU directory will be created that will define relevant standards for cloud interoperability, thus ensuring a common basis on which interoperable solutions can be built.

To ensure the effectiveness of interoperability, competent bodies will have to continuously monitor the implementation of the standards laid down in the law. Any shortcomings in interoperability will have to be addressed through appropriate corrective measures.

These provisions are designed to promote an integrated digital ecosystem where data can be easily shared between different platforms and sectors, thus contributing to the overall economic efficiency of the EU.

Chapter IX: Enforcement

Chapter IX sets out the responsibilities of Member States in enforcing the provisions of the Data Act through designated competent authorities.

Each Member State must appoint at least one competent authority responsible for supervising enforcement; if more than one authority is designated, a ‘data coordinator’ must be appointed as the national single point of access.

The Data Act. Roadmap.

The European Data Strategy defines the roadmap for the EU to become a leader in the data economy. This will be achieved through the creation of a single European data market in which data can flow between sectors and Member States securely and reliably for the benefit of the economy and society. Within this scenario, the Data Act is a key element in achieving fairness in the allocation of the value of data between stakeholders.

This new legislation will be applicable on 12 September 2025.

To help companies navigate these new rules, the Commission will recommend a set of model contract terms to facilitate fair, reasonable and non-discriminatory data sharing contracts (Chapters II and III of the Data Act). These terms will also provide guidance on reasonable compensation and protection of trade secrets.

The Commission will also recommend a set of non-binding standard contractual clauses for cloud computing contracts between users and cloud service providers. An expert group has also been set up to help the Commission draft such terms and clauses; these recommendations are expected to be published by autumn 2025.

Within three years of the Data Act coming into force, the Commission will conduct an assessment of the impact of the data regulation. On this basis, it may, if necessary, propose an amendment to the Act.

Accessibility is a fundamental principle for ensuring that people with disabilities can fully participate in social and economic life. The European Accessibility Act (EAA), or European Accessibility Directive, is a significant step towards harmonising accessibility rules throughout the European Union. This legislation aims to improve the accessibility of products and services, creating a more inclusive market and reducing barriers for people with disabilities.

The European Accessibility Act

The European Accessibility Act, adopted on 17 April 2019, establishes common accessibility requirements for certain products and services, facilitating their availability in all EU Member States. It applies to a wide range of products and services, including:

•  Self-service terminals: ATMs, ticket machines, check-in terminals, payment terminals.
• Hardware and software products: Computers, smartphones, e-readers, applications and operating systems.
• Transport services: Urban, suburban, rail, air, sea and river public transport.
• Banking services: Payment services, ATMs, online banking.
• Telecommunication services: Telephone lines, mobile phone services, internet access services.
• E-commerce: Online sales websites, e-commerce platforms.
  The main objective of the EAA, as already mentioned, is to improve accessibility, remove existing barriers and prevent the creation of new ones. This regulation will have a significant impact on the daily lives of people with disabilities, promoting greater independence and social inclusion.

Obligations under the legislation

The main obligations under the directive include:
1. Requirements for Products

Products covered by the EAA must comply with the following accessibility requirements:

• User Interfaces: They must be easily perceivable, understandable, usable and robust. For example, displays must be readable even by people with visual impairments and alternative input options such as voice control must be available.
• Compatibility with assistive tools: Products must be compatible with assistive technologies used by people with disabilities, such as screen readers and voice amplifiers.
• Ease of use: Products must be designed so that they can be used by people with different physical and cognitive abilities without requiring disproportionate effort.

2. Requirements for Services

Services must be made accessible in the following ways:

• Accessibility of information: Information provided through the services, including websites and mobile applications, must be available in accessible formats, such as Braille, audio, text readable by assistive technologies.
• Support and assistance: Service providers should ensure that customer support and assistance is accessible. For example, alternative communication channels must be available for people with hearing or speech disabilities.
• Accessibility of infrastructure: Physical infrastructure used to provide services, such as transport stations and bank counters, must be accessible and barrier-free.

Timing and Deadlines

EU Member States have until 28 June 2025 to transpose the Directive into their national laws and ensure the conformity of products and services. This involves the adoption of laws, regulations and administrative measures necessary to comply with the obligations of the directive.
Implications for Companies and Public Bodies

Companies must take measures to ensure that their products and services meet accessibility requirements. This may involve:

• Revision and adaptation of design processes: Companies must integrate accessibility requirements at an early stage of product and service development.

• Staff training: Companies should train their staff on accessibility requirements and assistive technologies.
• Monitoring and evaluation: Companies should implement monitoring and evaluation systems to ensure continuous compliance with accessibility requirements.

Public bodies are also required to comply, ensuring that their services are accessible to all citizens. This includes the provision of accessible digital public services and the elimination of architectural barriers in public infrastructures.
Member States are also required to establish mechanisms for monitoring and verifying compliance, to ensure that accessibility rules are effectively implemented and enforced.

Penalties for Non-Compliance

The Directive requires Member States to establish effective, proportionate and dissuasive penalties to ensure compliance with the accessibility rules. Sanctions may vary from country to country, but generally include:

• Fines: Companies and public bodies that fail to comply with accessibility requirements may be subject to fines. Fines are designed to be high enough to incentivise compliance.
• Compliance obligations: Competent authorities may order companies to take corrective measures to comply with accessibility requirements. This may include modifying products, services or infrastructure to make them accessible.
• Legal disputes: In some cases, people with disabilities or organisations representing them can take legal action against companies or public bodies that do not comply with accessibility requirements.

Transposition of the European Directive in Italy

In Italy, the transposition of the European Accessibility Act is underway and includes a series of measures to ensure compliance with the requirements of the directive. The main actions taken include:

• National legislation: The Italian government is working on the adoption of laws and regulations transposing the requirements of the EAA. This includes amending existing legislation and introducing new laws to cover the specific areas of the directive.
• Technical Guidelines: Detailed technical guidelines are being developed to assist companies and public bodies in complying with accessibility requirements. These guidelines cover aspects such as the design of products and services, staff training and the implementation of assistive technologies.
• Monitoring and enforcement: Monitoring mechanisms will be established to verify the compliance of companies and public bodies. Competent authorities will be empowered to carry out inspections, assessments and, if necessary, impose sanctions for non-compliance.
• Business support: The Italian government should also provide support measures for businesses, particularly small and medium-sized enterprises (SMEs), to help them comply with the requirements of the EAA. This may include financing, technical advice and specific training programmes.

These measures are essential to ensure that Italy meets the deadlines set by the directive and that people with disabilities can benefit from a more accessible and inclusive environment.

How advanced algorithms are transforming the software development landscape and redefining the future of the technology industry.

In today’s increasingly digital world, where technology drives progress in every sector, Artificial Intelligence is emerging as the main catalyst for an unprecedented revolution in the software development industry. From machine learning algorithms to advanced recommendation systems, AI is rewriting the rules of the game, leading to a radical change in the way software is designed, developed and managed.

What makes AI technologies so transformative in the context of software development?

The most striking aspect is the ability of AI to automate once tedious and human resource intensive processes. Through machine learning and advanced data analysis, AI algorithms can perform tasks such as automated testing, code generation and performance optimisation, freeing developers from repetitive tasks and allowing them to focus on high value-added activities.

But AI does not stop at simple automation. With its ability to analyse large amounts of data in real time, it can improve software quality by proactively identifying and correcting errors. This means more reliable and robust software, resulting in a better user experience and increased customer confidence.

But there is more. Artificial Intelligence is also changing the way developers make decisions. Through predictive analytics and continuous learning, AI can provide data-driven recommendations for design choices, deployment strategies and product improvements. This not only speeds up the decision-making process, but also makes it more accurate and targeted.

However, with great power also comes great responsibility. The widespread adoption of Artificial Intelligence in the software development process raises a number of challenges and ethical issues. Data security, the risk of algorithmic bias and the impact on user privacy are just some of the issues that require special attention from the technology community.

Despite these challenges, the future of the software development industry looks brighter than ever, thanks to the impetus of the Artificial Intelligence revolution. With its ability to optimise processes, improve software quality and inform smarter decisions, AI promises to radically redefine the technology landscape, paving the way for new frontiers of innovation and growth.

In conclusion, as we prepare to embrace an AI-driven future, it is crucial to address the challenges and responsibilities that accompany this transformation. Only through a responsible and future-oriented approach can we fully exploit the revolutionary potential of Artificial Intelligence in software development and beyond.

The software industry has witnessed an unprecedented revolution thanks to the innovation of the SaaS model, or Software as a Service. This evolution has radically redefined traditional ways of distributing and managing software, opening the door to a digital world characterised by flexibility, accessibility and innovation. By taking a closer look at the history and developments of SaaS, it is possible to fully understand the extent of this transformation and anticipate its future impact.

From roots to market explosion:

In the early days of the Internet, in the 1990s, the embryonic concept of SaaS was beginning to emerge among the many emerging technological innovations. In those years, software was mainly distributed via physical media such as disks and required complex and expensive installations. However, even then, a futuristic vision could be glimpsed in which software would be delivered as a service accessible from anywhere via a simple Internet connection.

With the advent of the new millennium, SaaS made its triumphant entry onto the digital scene, radically transforming the landscape of the software industry. Companies began offering SaaS services in key areas such as CRM (Customer Relationship Management), HR (Human Resources), and ERP (Enterprise Resource Planning), introducing a new paradigm in software interaction. The promise of flexibility, accessibility and scalability quickly caught the attention of enterprises of all sizes, leading to a rapid adoption and spread of the SaaS model.

However, SaaS has not stopped where it started, but has evolved steadily over the years. This development has been fuelled by the advancement of cloud technologies and the growing demand for customisation and integration. Businesses have begun to demand SaaS solutions that can adapt to their specific needs and integrate effortlessly with existing systems. This growing demand has given rise to an explosion of the SaaS market, with vertical solutions appearing in all sectors, from education to healthcare, from finance to marketing.

A bright future of innovation and adaptation

The future of SaaS looks bright, with a wide range of unexplored possibilities. As technological innovation continues to evolve and business adoption becomes more widespread, SaaS will continue to redefine the way we conceive and use software. Its flexibility, accessibility and ability to adapt to changing market needs make it a driver of digital innovation and a catalyst for business progress.

SaaS represents more than just a software distribution model; it is a transformative force that is shaping the future of the software industry and redefining the rules of the game. It is an exciting journey towards a new digital paradigm, and the companies that fully embrace this transformation will be at the forefront of shaping the future of the digital economy.

Unfolding the Story of Wearable AI

In the rapidly evolving landscape of technological innovation, wearable AI stands as a beacon of progress, marking a notable departure from traditional tech paradigms. This shift reflects a broader trend where technology is evolving from mere functionality to more intuitive, seamless user experiences. Not too long ago, wearable devices were primarily associated with fitness tracking and basic notification management. Today, they are evolving into sophisticated, AI-integrated tools that promise to redefine our daily interactions.

The current market for wearable devices is impressively diverse. It ranges from smartwatches like the Apple Watch, celebrated for their health monitoring capabilities and ecosystem integration, to fitness trackers from brands like Fitbit and Samsung, which cater to health-conscious individuals with features like step counting, heart rate monitoring, and sleep tracking. These devices have laid the groundwork for the next wave of innovation in wearable technology, hinting at a future filled with even more advanced capabilities.

Redefining User Interactions with AI Integration

Looking ahead, the future of wearable AI seems poised to transcend the limitations of current devices. Far more than mere extensions of smartphones or fitness trackers, these advanced devices, akin to those being developed in projects like Humane’s AI Pin, are reimagining human-technology interaction. The concept is fascinating: a device no larger than a pin, equipped with a Snapdragon processor, local storage, a camera sensor, and a suite of other sensors like accelerometers and gyroscopes. This isn’t just a step forward in gadgetry; it’s a leap into a future where technology becomes more intuitive, responsive, and seamlessly integrated into daily life.

The uniqueness of these devices lies in their interaction methods. Moving away from traditional screens and taps, they are embracing voice and gesture control, striving to make communication with technology as natural as interacting with a friend. Some even propose utilizing laser projection systems to display information directly onto surfaces, thus liberating users from the confines of physical screens.

Legal Implications: A Delicate Dance with Data Protection and Privacy

The integration of AI into wearable technology introduces complex challenges in data protection and privacy. These devices, capable of collecting a wealth of personal data, necessitate a balanced approach to comply with stringent data protection laws like the EU’s General Data Protection Regulation (GDPR). Key considerations include user consent, data minimization, and the implementation of robust security measures. The GDPR emphasizes transparency in data handling and the need for strong security to protect sensitive information, especially as these devices frequently handle health-related data. Companies in the wearable AI space must therefore navigate the delicate balance between innovation and legal compliance, ensuring user trust is upheld through responsible data handling and adherence to privacy laws.

The Intersection of Innovation and Responsibility

The wearable AI market is currently at a pivotal juncture, delicately balancing the excitement of technological innovation with the imperative of responsible data management. As these devices become more intertwined with our daily lives, their impact on privacy and data security will be scrutinized increasingly. The future of wearable AI hinges not just on technological advancement but also on ensuring that these advancements are made responsibly. A keen awareness of the legal and ethical responsibilities that accompany these innovations is essential.

The potential for wearable AI to enhance various aspects of life is immense. From health monitoring to augmented reality experiences, these devices can offer unprecedented convenience and insights. However, the journey towards this future is fraught with challenges and responsibilities. Companies venturing into this space must not only focus on the technological marvels they can create but also on how they can do so in a manner that respects privacy, ensures security, and promotes user trust.

In conclusion, the emergence of wearable AI represents a significant milestone in the evolution of technology. It’s a journey that blends the thrill of innovation with the gravity of ethical and legal responsibilities. The path ahead for wearable AI is as much about technological prowess as it is about navigating the complex landscape of data protection and user privacy. As these devices continue to evolve and become more integrated into everyday life, the balance between innovation and compliance will remain a critical focus for the industry.