The Single Data Market: a mixed picture for Europe
Unlike the United States and China, the EU has opted for a shared data system, rather than one concentrated in the hands of a few. However, the integrated regulatory framework is struggling to translate into operational infrastructure and actual data flows
Five years after the launch of the European Strategy for Data, the overall picture is one of significant regulatory progress and delays in implementation. The European Union has established an ambitious regulatory framework, comprising the Data Governance Act, the Data Act and sector-specific Data Spaces, but the transformation of these regulations into operational infrastructure and effective data flows is proceeding more slowly than anticipated. Ultimately, the single market for data is proving to be a work in progress.
The European data strategy, presented by the Commission in February 2020, aimed to create a common space in which data could circulate freely across sectors and Member States, in accordance with shared rules on access, portability and governance. The stated objective was to make Europe a leader in the data economy, reducing dependence on non-European platforms and making the most of the information assets of businesses, public administrations and citizens.
The first regulatory pillar is the Data Governance Act, which came into force in September 2023. The regulation governs the re-use of specific categories of data held by public bodies — data protected by third-party rights, trade secrets and personal data — and introduces the role of data intermediaries, neutral entities that facilitate data sharing without appropriating the economic value of the information. The DGA also establishes a framework for data altruism organisations, which collect data voluntarily made available for purposes of general interest.
The second pillar is the Data Act, which has been in force since last September. The regulation addresses a crucial issue: access to data generated by connected products and related services. It establishes that users – whether individuals or businesses – have the right to access the data generated by the use of their IoT devices and to share it with third parties. The Data Act also regulates B2B contractual relationships for data sharing, introduces measures against unfair terms and governs the switch between cloud service providers.
Alongside horizontal regulations, the strategy provides for the creation of sectoral Data Spaces: common European spaces for data sharing in specific sectors, ranging from health to mobility, from energy to agriculture, from finance to manufacturing, and extending to public administration, education and tourism. The idea is that each sector should develop technical and governance rules tailored to its specific characteristics, building interoperable infrastructures that enable the exchange of data between operators in different Member States.


