The Netherlands Authority for Consumers and Markets (ACM) has been granted the authority to enforce the European Data Act, effective from November 21. This legislation aims to empower users by providing them greater control over data from smart devices and facilitating easier switching between cloud services.

The Data Act allows businesses, consumers, and governments to utilize and share data from smart devices, such as cars and solar panel inverters, which was previously restricted to manufacturers. For instance, car owners can now access and share their vehicle's data with repair shops of their choice, rather than being limited to the manufacturer's dealership.

Additionally, the Data Act aims to eliminate barriers to switching cloud services, promoting interoperability among different cloud platforms. ACM emphasizes the importance of educating businesses and consumers about their rights and obligations under this new regulation.

ACM will oversee compliance among cloud providers and smart device manufacturers based in the Netherlands, ensuring transparency in data access and sharing. The authority plans to conduct a study on compliance with information obligations by 2026 and engage in dialogue with the cloud sector regarding potential barriers.

To assist businesses in adapting to the Data Act, ACM has developed educational resources and published draft guidelines for consultation. Businesses and consumers can report violations of their rights, such as denial of data access or switching barriers, which will aid ACM in effective enforcement.

ACM collaborates with European regulators to address cross-border issues and works alongside the Dutch Data Protection Authority (AP) to manage complaints involving personal data.