Insurance Europe has published its response to a consultation by the EC on its proposal for the Data Act.
Insurance
Europe welcomes the proposal as it sets out common rules on the use of
data generated by connected devices, including how to access and share
it. The industry also welcomes an enhanced data portability right,
which, among other things, looks to improve technical standards for
access to and the portability of data generated by individuals.
Robust
sector-specific legislation on access to in-vehicle data is, however,
needed to provide the confidence and incentive independent service
providers require to invest in new data driven services.
In
principle, trade secrets and business sensitive information should be
excluded from data sharing obligations. The mere risk of having to
disclose this data could hamper innovation, with negative consequences
for the development of the European data economy. As a minimum, the Data
Act should be clearer on the nature of the specific measures necessary
to preserve the confidentiality of trade secrets.
Moreover, the
objective of the Data Act should be to create a level playing field
between all players in the data economy. It is, however, unclear why
unilaterally imposed contract terms that are considered unfair shall be
null only if the recipient is an SME.
The proposal also sets out
an obligation to make data available to public bodies in the case of
public emergencies or in situations where public sector bodies have an
exceptional need to use certain data. The reasons for government access
should, however, be more strictly defined in the text.
The
relationship of the Data Act with other legislative provisions,
especially the General Data Protection Regulation, should be further
clarified.
Finally, the industry welcomes the Data Act’s
provisions on cloud switchability which will help to establish a more
competitive market for cloud computing services. Insurers have reported
difficulties concerning the concentration of cloud service providers,
which result in a lack of competition in the market and an imbalance in
the negotiating power between the parties.