From September 12, 2025, Regulation (EU) 2023/2854 (the 'Data Act') enables users of connected products and related services (i.e. services that influence the way a connected product behaves), to request access to the data they generate by using the connected products and/or related services.
A user is defined as a natural or legal person that owns a connected product or to whom temporary rights to use that connected product have been contractually transferred (e.g. through a rent or lease contract), or that receives a related service.
Users can request to share this data with another company or individual, identified as a third-party data recipient.
The Data Act applies within the EU, meaning that the user shall be established in the EU, the connected product(s) shall have been placed on the market in the EU and any third-party data recipient shall also be EU-based.
The data in scope for accessing under the Data Act is data that is raw (i.e. unprocessed, automatically generated data points) or pre-processed (i.e. modified to be understandable and usable for further analysis). These data shall be provided together with the relevant metadata necessary to interpret and use those data.
For products placed on the market after 12 September 2026, connected products may provide direct access to data (where this is relevant and technically feasible) and indirect access to data where a data holder has readily available data.
For products placed on the market on or before 12 September 2026, connected products may provide indirect access to data where a data holder has readily available data.