The Government of the Netherlands publishes a non-paper on the upcoming Data Act. The Dutch non-paper is the only document shared by a Member State prior to the publication of the Commission proposal. This is a strong signal that not all Member States are necessarily aligned with the Commission’s regulatory ambitions.

The document voices significant concerns towards binding data transfer obligations for business-to-business situations and business-to-government situations. Instead, it calls for the development of effective market incentives.

In addition, the non-paper calls the Commission to preserve an open economy by expanding on the existing right to data portability provisions, secure cooperation with international partners in cross-border data transfer situations and provide incentives for society-wide reuse of data by private and public stakeholders while respecting end-users and companies’ rights.