EU Data Act, Regulation (EU) 2023/2854
Everything you need to know about Regulation (EU) 2023/2854 — in plain English, and what it means for your data rights as a Facilipay customer.
Section 1
Overview
The EU Data Act (Regulation (EU) 2023/2854) came into force on 12 September 2025. It is one of the most significant pieces of EU digital legislation since the GDPR, and it changes the rules around how data generated by digital services is accessed, shared, and used.
This article explains what the Data Act is, how it applies to Facilipay as a digital payment platform, and what it means for your rights as a customer.
At a glance
The Data Act gives businesses and consumers stronger rights over their own data. It requires fair access to data generated by connected products and services, limits how providers can restrict switching, and bans unfair terms in data-sharing contracts. For Facilipay customers, this means greater transparency, more portable data, and fewer barriers if you ever want to change providers.
Section 2
What Is the EU Data Act?
The EU Data Act is an EU-wide regulation that creates harmonised rules on how data generated by digital services — including payment platforms like Facilipay — can be accessed and used.
It sits alongside the GDPR but goes further in two important ways:
- It covers both personal and non-personal data (the GDPR only covers personal data)
- It creates specific rights around usage data — the data generated by how you interact with a product or service
When did it take effect?
| Date | What changes |
|---|---|
| 12 September 2025 | Core provisions apply — data access rights, B2B contract fairness, switching rights, smart contract safeguards |
| 12 September 2026 | Enhanced cloud interoperability requirements |
| January 2027 | Switching-related fees must be phased out entirely |
| 12 September 2027 | Full data portability standards apply |
Section 3
How the Data Act Applies to Facilipay
Facilipay processes transactions, manages gift card and voucher liabilities, and provides services to merchants and their customers. As a provider of digital services, we have specific obligations under the Data Act. Here is what each area means in practice.
Your right to access usage data
Under the Data Act, if you generate data by using a digital service, you have the right to access it. For Facilipay customers, this includes:
- Transaction history and payment records
- Gift card and voucher issuance, redemption, and balance data
- Integration usage data (for merchants using our API or platform)
You can also request that we share this data with a third party of your choosing — for example, an accountancy platform, a reporting tool, or a new payment provider.
💡 What this means for you: If you want to export your data or share it with another service, you can request this through Facilipay. We are required to facilitate this in a machine-readable format, free of unnecessary barriers.
Fairness in data-sharing contracts
The Data Act requires that any contracts governing data access or sharing between businesses must be fair. Certain terms are now prohibited, including:
- Clauses that allow one party to unilaterally change contract terms without valid reason
- Terms that allow termination without reasonable grounds
- Provisions that unreasonably limit a customer's ability to use their own data
Where Facilipay shares data with third parties on your behalf, those agreements must comply with these fairness requirements. Any fees charged for data access must be fair, reasonable, and non-discriminatory.
Restrictions on how your data can be used
The Data Act includes strong protections against misuse of shared data:
- Third parties who receive your data cannot use it to build competing products or services
- Third parties cannot use it to gain intelligence on your business operations
- Where data qualifies as a trade secret, Facilipay may apply additional safeguards before sharing
If a third party misuses data shared under the Data Act, we can require deletion, suspend further use, and seek compensation on your behalf.
Your right to switch providers
This is one of the most impactful parts of the Data Act. Providers of digital and data processing services must remove barriers to switching. Under the regulation:
- You can request to switch provider with no more than two months' notice
- Facilipay cannot impose technical or contractual obstacles to switching
- From January 2027, switching-related fees (such as data export or reformatting charges) must be eliminated
⚠️ Note on switching fees: The Data Act phases out switching-related data fees by January 2027. Separately agreed contractual terms — such as early termination clauses in a signed agreement — remain enforceable where they are proportionate. If you have questions about your specific contract, please contact your account manager.
Smart contracts and automated data access
Where Facilipay uses automated mechanisms to control access to data (for example, in API-based integrations), the Data Act requires that these include clear access controls, defined termination mechanisms, and safeguards to prevent unintended automated data-sharing. This ensures any automated data access through our platform remains under your control.
Section 4
What Facilipay Is Doing
We have reviewed our platform, contracts, and data-sharing practices against the Data Act's requirements. Here is what we are putting in place:
| Area | Facilipay's approach |
|---|---|
| Data access | Customers can request a data export at any time through our support team or directly from the dashboard |
| Data portability | Exports are available in standard machine-readable formats to support integrations and provider switching |
| Contract fairness | We are reviewing all standard terms and data-sharing agreements to ensure compliance |
| Switching rights | We are updating our offboarding process to comply with the two-month notice requirement, and will remove switching-related data fees before January 2027 |
| Third-party sharing | Data shared with third parties on your behalf is governed by Data Act-compliant agreements that restrict misuse |
Section 5
Your Rights: Quick Reference
| Your right | What it means in practice |
|---|---|
| Access your usage data | Request a copy of all data generated through your use of Facilipay |
| Share data with third parties | Ask Facilipay to share your data with another provider or tool of your choosing |
| Fair contract terms | Data-related contract terms must be fair and cannot be unilaterally altered against your interests |
| Switch without barriers | Switch providers with two months' notice; no technical or contractual obstacles are permitted |
| Protection from misuse | Third parties cannot use your data to compete against you or analyse your business operations |
Section 6
How to Make a Data Access or Switching Request
To exercise any of the rights described in this article:
- Email our support team at support@facilipay.io with the subject line Data Act Request
- Speak to your account manager if you are on a merchant or enterprise plan
- Use the data export function in your Facilipay dashboard (where available)
We will acknowledge your request within 5 business days and aim to fulfil it within 30 days. For requests involving third-party data sharing or provider switching, we may need additional time, but we will keep you updated throughout.
Section 7
How the Data Act Relates to GDPR
The Data Act does not replace the GDPR — both apply at the same time:
- The GDPR continues to govern all personal data rights, including subject access requests, erasure, and consent
- The Data Act adds new rights around usage data and interoperability, covering both personal and non-personal data
- Where both regulations apply, the more protective standard prevails
If your request relates to personal data rights under GDPR (for example, a right to erasure), please contact our Data Protection team at support@facilipay.io.
Section 8 — Footer / Related Articles suggestions
Have more questions?
If you have questions about the EU Data Act, your data rights, or how Facilipay handles your data, our support team is happy to help. You can reach us at support@facilipay.io
Related articles:
- How Facilipay handles your data (https://www.loylap.com/privacy-statement)
- GDPR and your rights as a Facilipay customer (https://www.loylap.com/terms-of-use)
- How to export your transaction data (https://support.facilipay.io/exporting-data-from-your-dashboard)
- Closing your Facilipay account (https://support.facilipay.io/cancelling-my-facilipay-merchant-account)