Page 16 - The Katten Kattwalk - Fall 2025 - Issue 30
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The EU Data Act is Here (continued)
Key Points for Companies
to data access, use or liability are prohibited.
• Data Access and Portability: Users have the Restrictions on unfair contracts apply to new
right to request, access and use data generated agreements from September 12, 2025, and
by connected products of related services, will extend to pre-existing contracts from
including both personal and non-personal September 12, 2027. This will help smaller
data, in structured, machine-readable formats. fashion tech startups compete fairly.
They may also share or transfer this data to • Safeguarding Data: Companies must protect
other providers. Cloud providers must remove trade secrets and prevent unauthorized
technical and contractual barriers to switching access, including from non-EU governments.
services, ensuring interoperability and seamless Data holders may implement confidentiality
data portability.
agreements, technical safeguards and model
• Transparency: Organizations must clearly contractual terms to protect sensitive
inform users about what data is collected, information.
how it’s stored, retention periods and who can
access it. Pre-contractual information may need • Compliance and Coordination: The General
Data Protection Regulation (GDPR)
updating to meet these requirements.
will continue to govern personal data.
• Contractual Fairness: Business-to-business Organizations must segregate personal and
agreements must be fair, reasonable and non- non-personal data, document legal bases for
discriminatory. Unilateral, unfair clauses related sharing, and coordinate legal, information
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