After an overview of the requirements of the draft AI Regulation (AI-VO-E) with regard to training, test and validation data, the requirements of the Data Act relating to the rights of access and use to data will be explained and distinguished from the requirements regarding the protection of personal data. Subsequently, the conflict between the requirements of the AI-VO-E, the GDPR and the Data Act in the use of data for training and for the use of AI will be explained. The presentation will show that and why the requirements of the Data Act should already be taken into account today in the development of AI applications, and which solutions exist.