8. Safeguards for non-personal data in international contexts

BDI statement on the EU Data Act in the public consultation

rights would therefore extend beyond data access. There would be a risk that the rights of the owners would be unduly restricted here.

As a general warning, it must be noted that it will be very difficult to find an appropriate wording in the definition of access rights to data that can be interpreted and applied with legal certainty. This has already been pointed out in the discussion on the introduction of an IP right to data.

All in all, it should be noted that the protection of data is currently regulated in a scattered manner in a number of special legal norms. However, these regulations fulfil their purpose and provide a balance between the protection of right holders and the interest of data users. Any current shortcomings in the use of data are therefore not due to a lack of protection by intellectual property rights or copyright. The content of the existing regulatory framework should therefore not be changed.

8. Safeguards for non-personal data in international contexts

In order to ensure a level playing field, the envisaged transparency measures should in principle apply to all cloud computing service providers active in the EU internal market, regardless of their headquarters. Furthermore, the introduction of additional legal, technical and organisational measures must take into account the different business models of cloud computing service providers and their existing technical and organisational data protection measures and processing practices. Here, the EU Commission should continue to engage in dialogue with cloud computing service providers and include existing protection measures of the providers, such as confidential computing, homomorphic encryption and „keep-your-own-key“.

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BDI statement on the EU Data Act in the public consultation

About BDI

The Federation of German Industries (BDI) communicates German industries’ interests to the political authorities concerned. She offers strong support for companies in global competition. The BDI has access to a widespread network both within Germany and Europe, to all the important markets and to international organizations. The BDI accompanies the capturing of international markets politically. Also, she offers information and politico-economic guidance on all issues relevant to industries. The BDI is the leading organization of German industries and related service providers. She represents 40 inter-trade organizations and more than 100.000 companies with their approximately 8 million employees. Membership is optional. 15 federal representations are advocating industries’ interests on a regional level.

Imprint

Federation of German Industries (BDI) Breite Straße 29, 10178 Berlin www.bdi.eu T: +49 30 2028-0

Editor

Dr. Michael Dose Senior Manager Department "Digitalisation and Innovation“

T: +49 30 2028 1560 m.dose@bdi.eu

BDI document number: D1440

Transparency register number: 1771817758-48

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