By publishing guidelines, ACM offers businesses clarity regarding the sharing of data

Summary

The European Data Act has been in force since September 2025.
By publishing guidelines, ACM offers businesses practical explanations regarding the section on data sharing.
These guidelines will be further expanded at a later date. Additionally, separate guidelines regarding data processing services will be published, too.

On May 15, the Netherlands Authority for Consumers and Markets (ACM) published the Data Sharing Guidelines (in Dutch: Leidraad Data Delen). These Guidelines help businesses in the application of the rules laid down in the European Data Act, which has been in forcet since September 2025. With these Guidelines, ACM explains the Data Act’s section on data sharing. The guidelines are targeted towards manufacturers, suppliers, and sellers of smart devices and related services. With this publication, ACM is at the forefront in Europe: it is the first national regulator to offer businesses practical guidance on this topic. This is a provisional version of the Guidelines, as the European Commission will still publish additional guidance later this year. In late 2026, separate guidelines for data processing services will also be published, in which ACM will explain that section of the Data Act.

The Data Act gives the European data economy an important boost. The Act ensures that users gain more control over data that is generated by smart devices, such as cars and agricultural machines. It also makes it easier for them to share that data with third parties, for example car repair shops or developers of digital services. In practice, this means, for example, that a car’s owner gets access to the data that their car collects and is able to share that with a car repair shop of their choice, or, for example, that farmers are able to easily share the data from soil sensors and their harvesters with an innovative company, which subsequently offers recommendations regarding optimal irrigation and fertilization. In that way, farmers are able to save costs and reduce the burden on the environment.

Focus on sharing data

With these Guidelines, ACM offers practical guidance to manufacturers, suppliers, and sellers of smart devices in order to help them implement the obligations laid down in the Data Act properly. In that context, ACM pays attention to the information requirements that businesses must meet as well as to the way in which they must grant users access to the data from the devices they use. For example, businesses must clearly explain to users what data is collected and how they are able to consult and request it. They must offer users access to the data free of charge and in an easy and secure manner as well. In addition, the Data Act contains specific requirements regarding the permitted use of data as well as the arrangements that stakeholders can make with one another.

Provisional guidelines

ACM previously published a draft version of the Guidelines, which had been submitted for consultation to market participants and other stakeholders. The responses from this consultation have been incorporated into the current version. As a result, the Guidelines address real-world needs and questions better. The additional information that was published by the European Commission in the interim has been incorporated into the Guidelines, too.

Some explanations of the data act are still under review. In order to enable businesses to implement the new rules on time, ACM decided to publish provisional guidelines already now. The European Commission will publish additional guidance later this year. As soon as this becomes available, ACM will finalize the Guidelines.

In addition, the European Commission will revise the Data Act in the coming years through the so-called ‘Digital Omnibus’. Those changes, too, will obviously be incorporated into ACM’s Guidelines in due course.

Oversight and awareness

ACM focuses greatly on education in order to inform stakeholders of their rights and obligations. The Guidelines serve as an important tool in that context. In addition, ACM also uses other methods for educating stakeholders. For example, ACM publishes explainer videos, organizes roundtable discussions, and speaks at conferences in order to draw attention to the Data Act. Industries that are curious about what the Data Act means for their sectors can contact ACM themselves as well, by sending an email to acm-post [at] acm [punt] nl.

What is next: guidelines for data processing services

In addition to rules on data sharing, the Data Act also contains rules on data processing services, such as provisions on making it easier to switch providers as well as on linking different services. Later this year, ACM will publish guidelines that specifically concern the obligations for data processing providers.

ACM is charged with oversight over businesses whose headquarters (European or otherwise) are established in the Netherlands. ACM works closely together with other European regulators in order to be able to tackle cross-border problems too. In the Netherlands, ACM works together with the Dutch Data Protection Authority (AP), which has been charged with enforcement of the provisions laid down in the Data Act that are related to the General Data Protection Regulation (in Dutch: Algemene verordening gegevensbescherming, AVG).

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