The Data Act has been in force since 12 September 2025. Among other things, it regulates the provision of data generated through the use of networked products and connected services.
If a user requests that the data holder make this data available to a third party, the data holder and the data recipient must enter into a contract governing the provision of the data. The terms of the contract must be fair, reasonable and non-discriminatory. These requirements are summarised under the term FRAND: Fair, Reasonable and Non-Discriminatory.
In his article ‘FRAND in the Data Act: What should data cost?’, Dr Martin Schirmbacher examines the circumstances under which data need not be disclosed in exceptional cases and how appropriate remuneration for the provision of data can be structured. He also explains which specific regulations and privileges apply to small and medium-sized enterprises.
The article appeared in issue 7/2026 of *IT-Rechts-Berater* on pages 182 to 184.