Data Navigator: News from Berlin and Brussels – Where is the Data Omnibus heading?

Episode 40 of the Data Navigator podcast is a special episode without a guest: Hubertus von Roenne and Martin Schirmbacher analyse the latest regulatory developments surrounding the Data Act. There is news from Berlin and Brussels.

Part 1: The Data Act Implementation Act We begin by looking at Berlin: the Data Act Implementation Act has now passed through the Bundestag surprisingly quickly. We explain why a national implementing act is needed at all and what its two main focuses are: the remit of the Federal Network Agency as the central supervisory authority and the structure of the fines. We look at the four tiers of fines – ranging from fifty thousand to five million euros – and explain why the high amounts are only relevant for gatekeepers under the DSA and DMA.

In particular, we discuss the surprising exclusion of Section 4(13) of the Data Act from the catalogue of fines – a key provision governing the conditions under which manufacturers may continue to use their customers’ IoT data. We discuss whether this is compatible with the obligation under European law to impose effective sanctions and what alternative enforcement instruments the Federal Network Agency has at its disposal – in particular, injunctions and periodic penalty payments.

Part 2: The Digital Omnibus In the main section, we focus on the European Commission’s Digital Omnibus. We explain the background: the Draghi report, pressure from Member States and the Commission’s promise to simplify European digital regulation. The core of the initiative is the consolidation of the Data Act, the Data Governance Act and the Open Data Directive into a single data law – the Data Act.

We analyse the key objectives of the Omnibus: eliminating contradictions between existing laws, clarifying definitions, extending exemptions for SMEs and addressing the overlaps between data use and the GDPR more clearly.

We then examine the consultation phase and the approximately 170 comments received. On the industry side, demands range from an exemption for B2B data, through restrictions to read-only access, to sectoral exclusions such as battery data. We explain why many of these extreme positions stand no chance.

On the user side, we note a welcome trend: more users are speaking out, providing concrete use cases – such as from public transport – and calling for the inclusion of historical data from before 12 September 2025. We discuss why this historical data can be essential for predictive maintenance and for the valuation and financing of existing assets.

Finally, we take a look at the remaining timetable, the expected trilogue negotiations and the key players involved – from Axel Voss to the Irish Council Presidency and DG Connect. We also offer specific advice: engage in dialogue with manufacturers and users now, keep an eye on the Federal Network Agency and pay attention to sectoral standardisation initiatives.