In brief
- Regulation: Data Act.
- Manufacturers and suppliers of smart meters and connected equipment, as well as providers of associated data services, are in scope.
- Making data accessible.
- Enable sharing.
- Design 'by design'.
- Penalties set by each Member State, effective and dissuasive.
Regulatory deadlines
The key dates of this regulation.
January 2024
Entry into force
In forceSeptember 2025
Application
In forceWhat is the Data Act about?
The Data Act governs access to data from connected products. Smart meters and energy-related devices are included; their data feeds efficiency, management, and benchmarking services.
It complements the GDPR, which also protects personal consumption data.
Is the "Energy & environment" sector concerned?
Manufacturers and suppliers of connected meters and equipment, as well as providers of associated data services, are in scope. Users and designated third parties benefit from access rights.
The competitive challenge is significant: opening up data drives third-party energy services.
Detailed obligations
Make data accessible
Allow the user to access data generated by the meter and equipment.
Enable sharing
Make data available to designated third parties (alternative provider, efficiency service).
Design by design
Integrate data access from the design stage of equipment.
Ban abusive clauses
Reviewing energy services contracts.
Inform
Documenting the data generated and the access modalities.
Sanctions & risks
Penalties set by each Member State, effective and dissuasive. Beyond that, data lock-in deprives the user of a right and hinders third-party energy services.
Application timeline
- 1Entry into force. Early 2024.
- 2Application. Majority of obligations applicable from 12 September 2025.
Common mistakes in the sector
- 1Locked-down data. Prevent access to meter data.
- 2Sharing refused. Blocking a designated third-party service.
- 3Abusive clauses. Retaining unbalanced clauses.
- 4GDPR confusion. Believing GDPR is sufficient.
Practical case
A meter operator was restricting access to detailed consumption data. A customer designates an energy efficiency service. The operator puts in place compliant access and sharing, and revises its contracts, opening up the services ecosystem.
Compliance roadmap
- 1
Inventory. Map data from meters and equipment.
- 2
Equip. Implement access and sharing mechanisms.
- 3
Design. Embedding access from the design stage.
- 4
Revise. Adapt service contracts.
- 5
Inform. Document access modalities.
Frequently asked questions
Yes: the Data Act guarantees them access and the ability to share it.
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