In February 2022, the European Commission issued a proposal for a Data Act regulation. The now adopted Data Act provides rules for users of Internet-of-Things devices to gain access to the data they generate using those devices. This chapter will focus on whether the compulsory access and transfer regime to the data they stipulate can be viewed as a countervailing right for users to gain access and transfer data. Moreover, the rules are difficult to reconcile with the intellectual property legal system and privacy rules and the interface between these legal systems, so with that context in mind, the obligation to allow access and transfer data will be scrutinized. To resolve the conflicts identified, and to reconcile the compulsory access and transfer regime stipulated in the Data Act with intellectual property law and privacy rules, the author proposes the creation of a new form of right for the digital economy: an access and transfer right (ATR) – which may be stand-alone or included in the Data Act – that acts as a countervailing right for the benefit of users to trump the intellectual property rights held by data holders and also provide equal access to data under the GDPR.