How the EU Data Act Will Reshape Digital Business Models in Europe by 2026 -

Understanding the EU Data Act: A New Era for Data-Driven Business

The EU Data Act is set to become one of the most transformative pieces of digital regulation in Europe by 2026. Together with the GDPR, the Digital Markets Act (DMA) and the Digital Services Act (DSA), it forms a core pillar of the European Union’s data strategy. While the GDPR focused on personal data protection, the EU Data Act targets industrial data, IoT data and business-to-business (B2B) data sharing, with the ambition to unlock economic value, spur innovation, and reduce dependency on dominant tech platforms.

For companies operating in Europe’s digital economy, the EU Data Act will significantly reshape traditional and emerging digital business models, from cloud services and SaaS to IoT platforms, connected devices and data marketplaces. Businesses that rely heavily on proprietary data strategies will need to rethink how they collect, use, share and monetize data across their value chains.

What Is the EU Data Act? Key Objectives and Scope

The EU Data Act is designed to regulate access to and use of data generated in the European Union, especially non-personal and industrial data. Its key objectives include:

Making more data available for use and reuse across sectors

Preventing unfair contractual terms in data-sharing agreements

Facilitating switching between cloud and edge services

Ensuring interoperability of data and services

Allowing public bodies access to private sector data in emergencies

Unlike the GDPR, which is focused on data protection and privacy, the Data Act is primarily an economic and competition-oriented regulation. It aims to create a more level playing field in data markets by obliging manufacturers, service providers and digital platforms to share data under fair, reasonable and non-discriminatory conditions.

The regulation applies to:

Manufacturers of connected products (for example, smart devices, industrial machinery, vehicles, wearables)

Providers of related digital services (cloud platforms, analytics tools, IoT platforms)

Data processing service providers (including cloud and edge computing providers)

Businesses and public sector bodies accessing and using such data in the EU

Data Access Rights: Empowering Users and Business Partners

One of the most disruptive elements of the EU Data Act is the extension of data access rights to users of connected products and related services. When an IoT device or industrial machine generates data, that data has historically often remained locked within the manufacturer’s ecosystem. The Data Act challenges this model.

Under the new rules:

Users (both consumers and business users) must have the right to access data generated by their use of a connected product or service.

They must be able to share that data with third parties of their choice, such as independent repair services, competing applications, or analytics providers.

Data must be provided in a structured, commonly used and machine-readable format, enabling interoperability.

For digital business models that rely on exclusive access to device or usage data, this represents a fundamental shift. Manufacturers of smart home devices, connected cars, industrial robots or agricultural machinery will need to redesign their data strategies and build technical interfaces (such as APIs or dashboards) that allow customers and partners to access the data they generate.

Impact on IoT and Connected Product Business Models

The Internet of Things (IoT) and connected device market has often been built around closed ecosystems. Many companies monetise data through proprietary analytics platforms, predictive maintenance subscriptions or usage-based billing. The EU Data Act opens this data to a wider ecosystem, potentially enabling:

New after-sales and maintenance services by independent providers

Cross-brand data aggregation and analytics platforms

Sector-specific data spaces in manufacturing, mobility, energy or healthcare

For example, a logistics company using a fleet of connected trucks could request real-time vehicle performance data from the manufacturer and share it with a specialised fuel-optimization startup. Similarly, a factory owner could request machine data to feed into a third-party predictive maintenance service, bypassing the original manufacturer’s own solution.

While this may create new forms of competition for established manufacturers, it also opens opportunities for:

Building premium data-based services that compete on quality rather than exclusivity

Developing partner ecosystems and platforms to attract third-party developers

Entering new markets by leveraging standardized, interoperable data

Fairness in Data Sharing and Contractual Terms

The EU Data Act introduces rules against unfair contractual terms in data-sharing agreements, especially where there is a significant imbalance in bargaining power, such as between large platforms and small or medium-sized enterprises (SMEs).

Key implications include:

Clauses that completely exclude liability or unilaterally grant extensive rights to one party may be considered unfair.

SMEs should benefit from more balanced data access and usage conditions.

Standard contractual clauses and model contracts are likely to emerge as benchmarks in the market.

For digital businesses, this means revisiting existing data licensing, API access and platform terms of service. Companies that have relied on restrictive terms to control downstream use of data will need to adapt to a regime that favors transparency and fairness.

Cloud Services, Data Portability and Vendor Lock-In

The EU Data Act also targets cloud computing and data processing services, with the intention of reducing vendor lock-in and fostering multi-cloud strategies in Europe. This is particularly relevant for SaaS providers, IaaS platforms and data-intensive businesses.

The regulation will:

Require cloud and edge service providers to facilitate switching to another provider without undue obstacles, including technical and contractual barriers.

Limit or phase out certain switching fees, especially those that are not justified by actual costs.

Promote interoperability and portability of data, digital assets and applications across cloud environments.

By 2026, European businesses are likely to see:

More standardized APIs and data formats across competing cloud providers

Increased competition in cloud services based on performance, security and price rather than lock-in

Greater use of multi-cloud and hybrid-cloud architectures

For cloud vendors and SaaS companies, aligning with the EU Data Act can become a competitive advantage. Those who proactively offer transparent portability, robust export tools and interoperable architectures may be favored by enterprise buyers and public administrations under pressure to comply with the new rules.

New Opportunities for Data Marketplaces and Intermediaries

The EU Data Act, together with the EU Data Governance Act, is expected to stimulate the creation of data intermediaries, data marketplaces and sectoral data spaces. These entities will help businesses exchange and monetize data in a compliant, trusted manner.

Possible developments by 2026 include:

Specialized B2B data platforms in sectors such as mobility, energy, finance, retail or health.

Neutral data intermediaries that manage permissions, anonymization and secure sharing frameworks.

Standardized contracts and technical protocols for data access and remuneration.

Companies that previously lacked the scale or infrastructure to commercialize their data may gain new revenue streams by collaborating with intermediary platforms. At the same time, digital entrepreneurs will find opportunities to build data-based products, analytics services and AI models using datasets that were previously inaccessible.

Monetization and Pricing of Data in a Regulated Environment

The EU Data Act does not mandate that data must be shared for free. Instead, it supports “fair, reasonable and non-discriminatory” (FRAND) terms, leaving room for pricing models and compensation.

This environment will likely lead to:

More transparent pricing models for access to industrial and IoT data

Tiered access schemes (basic data vs. enhanced, real-time or enriched datasets)

New forms of data licensing, revenue-sharing or pay-per-use models

Businesses will need to carefully design data monetization strategies that:

Respect user rights and access obligations

Avoid discriminatory practices that could be challenged under EU law

Provide clear value propositions for customers and partners

In practice, this may push European digital business models away from pure exclusivity and toward collaborative and platform-oriented structures, where data is shared, combined and enriched across ecosystems.

Compliance, Governance and Technical Readiness

To adapt to the EU Data Act by 2026, companies will need a combination of legal, technical and organizational measures. This includes:

Mapping what data is generated by connected products and services, and who has rights to access it.

Designing or upgrading technical interfaces (APIs, dashboards, export tools) to allow user access and third-party sharing.

Reviewing and updating contracts, terms of service and data-sharing agreements.

Implementing internal data governance policies for non-personal and industrial data, complementing GDPR policies.

Ensuring interoperability and portability in cloud architectures and software design.

Companies that treat the EU Data Act as an opportunity rather than a mere compliance burden can leverage early adoption to build trust, attract partners and differentiate their offerings in a crowded digital market.

Strategic Implications for Digital Businesses in Europe

By 2026, the EU Data Act will have reshaped the digital economy in Europe along several axes: greater data availability, enhanced user control, stronger competition, and new forms of collaboration. Business models based solely on closed ecosystems and exclusive data control will face increasing legal and economic pressure.

In this new landscape, companies that thrive will likely share several characteristics:

They design products and services with data access and portability in mind (“data by design”).

They participate in or create open, interoperable ecosystems and data spaces.

They build trust through transparent data practices and fair contractual terms.

They innovate around data analytics, AI and value-added services instead of relying on lock-in.

The EU Data Act is not just another regulatory constraint. It is a signal that data in Europe is evolving from a proprietary asset held by a few dominant players into a shared economic resource, governed by rules designed to support competition, innovation and user empowerment. Digital businesses that adapt early and strategically will be better positioned to capture the opportunities of this new data-driven environment.