Tech
EU’s Data Union Strategy Seeks to Boost AI and Cross-Border Data Use, but GDPR Stays Untouched
As the European Commission’s consultation on the European Data Union Strategy (EDUS) nears its July 18 deadline, the initiative has drawn a mix of support and criticism. Aimed at stimulating data-driven innovation—particularly for generative AI—the strategy promises to simplify the EU’s complex data governance landscape. But its deliberate omission of any review of the General Data Protection Regulation (GDPR) has raised eyebrows.
The EDUS is positioned as a framework to streamline and harmonize existing EU data laws, including the Open Data Directive, the Data Act, and the Data Governance Act. Its goals include promoting broader access to data, incentivizing voluntary data sharing, reducing administrative burdens, and strengthening international data flows.
However, experts argue that the strategy avoids addressing some of the key barriers currently hampering the European data economy—chief among them, the GDPR. The strategy makes only vague references to maintaining “privacy and security standards,” without directly naming the GDPR. Despite its role as a cornerstone of EU data policy, GDPR remains politically sensitive and, according to Commission officials, too controversial to revisit.
This approach has sparked concerns, especially as many EU member states interpret GDPR’s definition of “personal data” narrowly, creating legal and practical barriers to initiatives that rely on open or shared data. The lack of meaningful exemptions under Article 6(f), which allows for processing of personal data in the public interest, continues to constrain innovation, particularly in sectors like AI and public services.
Beyond the GDPR issue, stakeholders have also highlighted several unresolved structural problems:
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Unfair B2B Data Sharing
While the Data Act is designed to ensure fair access to data for smaller companies, in practice, large corporations continue to dominate through restrictive and often exploitative contracts. Legal dispute mechanisms exist but are rarely used by startups wary of prolonged battles with industry giants. -
Lack of Compensation for Public Institutions
State-owned entities that manage valuable datasets face financial disincentives when required to open data for free. Without clear government compensation—such as Latvia’s model of reimbursing public registries—many institutions have little motivation to provide high-value data. -
Gap in Business Feedback on Data Infrastructure
While the EU measures progress through tools like the Open Data Maturity Index, there is limited insight into how businesses experience the system. Missing are evaluations on usability, dataset relevance, and responsiveness of public authorities—factors critical to real-world data utility.
As the EU pushes forward with its Data Union Strategy, experts warn that meaningful transformation will require more than legislation—it demands addressing the entrenched structural issues and political sensitivities that continue to limit the full potential of Europe’s digital economy.
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