BEREC welcomes the draft Data Act proposed by the European Commission

13 May 2022

In its statement BEREC welcomes the objectives of the draft Data Act proposed by the European Commission on harmonised rules on access to and fair use of data. BEREC will analyse the proposed Act in the coming months concerning its relevance for the work areas of regulators for electronic communications, including related areas such as data protection and privacy. 

According to the draft Regulation, independent national competent authorities with experience in electronic communications services are well placed to ensure the application and enforcement of specific provisions. This role could be relevant, for example, concerning the aim of the draft Regulation to ease the switching between data processing services, such as cloud and edge services; in particular, the monitoring of switching charges, technical aspects of switching, interoperability, or complaints handling. 

The draft Data Act allows the Member States to establish new independent authorities or rely on existing independent authorities for the application and enforcement of the Act. In relation to switching, the draft Act indicates specifically that the enforcing national authorities shall have experience in data and electronic communications. BEREC welcomes the proposed involvement of regulators for electronic communications, as they could provide their long-standing regulatory experience.
BEREC will share the expertise it has gained in applying similar provisions in the electronic communications sector, for example, regarding end-user protection and dispute settlement, which could inspire EU institutions involved in finalizing the draft Data Act. BEREC is available to engage with the legislators as well as cooperate with other relevant competent bodies and will provide substantive input in due course.