B2B data sharing
EU Data Act and B2B data sharing
The EU Data Act affects how businesses share data, especially where one business is legally required to make data available to another or where data-sharing terms are imposed on SMEs.
Why B2B contracts matter
Data access and data-sharing rights are only useful if the contractual terms are clear, fair and workable. The Data Act includes protections against unfair contractual terms related to data access and use.
Who should review B2B data-sharing terms?
- Businesses that hold data generated by connected products.
- Companies receiving user-authorised data from another business.
- Manufacturers, distributors, repairers and aftermarket service providers.
- SaaS, cloud and data platform providers.
- SMEs asked to accept data-sharing terms from a larger business.
- Businesses monetising or restricting access to operational data.
What to check in contracts
Review whether the contract clearly explains what data is shared, who can use it, permitted purposes, restrictions, security duties, confidentiality, compensation, termination and dispute handling.
Practical checks
B2B data-sharing review points
Define the data
Be clear about the data covered, including format, frequency, scope and exclusions.
Define permitted use
Explain what the receiving party can and cannot do with the data.
Check fairness
Review whether terms are one-sided, excessive or difficult for an SME to challenge.
Protect confidential information
Balance data access with trade-secret, security and confidentiality safeguards.
Contract review starting point
Use the Data Act checklist
Start with the checklist to identify contracts, products, data flows and access processes that may need a closer review.