The European Commission’s Regulatory Scrutiny Board issues a negative opinion on the impact assessment for the Data Act. According to the internal review process, the Commission’s report falls short, first, in providing sufficient clarity on the purpose and scope of the initiative as well as on its relation with other initiatives in the field. Second, it lacks clarity on the precise design and content for policy options, in particular around the notion of fairness and public interest. Finally, the internal report does not sufficiently highlight the envisaged costs and benefits of the new measures as well as the difference in view between various categories of stakeholders.