Corina Kruesz, LL.M. (WU) is an associate at DORDA Rechtsanwälte (IT and IP law), trainee at court and an external lecturer at the Vienna University of Economics and Business. For correspondence: <corina.kruesz@wu.ac.at>. Felix Zopf is research and teaching associate at the Department of Innovation and Digitalisation in Law of the University of Vienna. For correspondence: <felix.zopf@univie.ac.at>. This text was accepted before the results of the trialogue were made public. See <https://www.consilium.europa.eu/en/press/press-releases/2021/11/30/promoting-data-sharing-presidency-reaches-deal-with-parliament-on-data-governance-act/> accessed 1 December 2021.