The Data Act, which came into force on 11 January 2024 and will apply throughout the EU from September 2025, creates a new regulatory framework for access to and use of data in the European economy. This short study by WIK examines the economic implications for small and medium-sized enterprises (SMEs), for whom the Data Act opens up expanded opportunities for participation in the data economy, but at the same time presents them with new challenges.
Data is seen as a key driver of innovation in almost all sectors. Unlike traditional goods, it is non-rivalrous, as it can be used by multiple actors simultaneously. The Data Act aims to unleash data volumes from networked objects in order to promote new products and services and facilitate access to data for companies, particularly in downstream markets.
This short study focuses on the impact of the Data Act on SMEs. SMEs can benefit from the newly created access rights, particularly in their role as users of networked products and connected services, but this potential could be diminished by existing power asymmetries and additional transaction costs. Although micro and small enterprises are exempt from access rights in their role as data owners, this does not apply to medium-sized companies as data owners. They must guarantee data access for users and third parties and therefore tend to be weakened in their position. The question of the impact of the Data Act on SMEs cannot therefore be answered in general terms, but only in the context of the role and size of the SME.
The study provides an initial insight into the potential impact of the Data Act on the innovative strength and competitiveness of SMEs in the European data economy.
