In brief
- Regulation: Data Act.
- Manufacturers of connected machinery, equipment and industrial objects are directly concerned, as are the providers of associated data services.
- Making data accessible.
- Enable sharing with third parties.
- Design 'data access by design'.
- Penalties are set by each Member State and must be effective, proportionate 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 generated by connected products and associated services, and aims to rebalance the sharing of data value between manufacturers and users. It complements GDPR: the latter targets personal data, while the Data Act covers all generated data, whether personal or not.
It applies to manufacturers of connected products and providers of associated data services.
Is the 'Industry' sector concerned?
Manufacturers of connected machines, equipment, and industrial objects are directly affected, as are providers of associated data services. Industrial data (measurements, performance, wear) is at the heart of the matter.
Professional users of these products benefit from the right of access and sharing.
Detailed obligations
Make data accessible
Enable users to access, easily and free of charge, the data generated by the product and its associated service.
Enabling sharing with third parties.
Make data available to third parties designated by the user (e.g. a competing maintenance provider).
Designing 'data access by design'.
Integrating data accessibility from the design stage of the product and service.
Ban abusive clauses
Revise contracts to remove abusive data-sharing clauses, particularly with regard to SMEs.
Inform
Document the data generated and the terms of access prior to sale.
Sanctions & risks
Penalties are set by each Member State and must be effective, proportionate, and dissuasive. Beyond that, non-compliance deprives the user of a now-enforceable right and may damage the commercial relationship.
The Data Act also redistributes value: it opens up markets for maintenance and data services, which is as much a strategic issue as a regulatory one.
Application timeline
- 1Entry into force. Early 2024.
- 2Application. Majority of obligations since 12 September 2025; design requirements for new products according to a subsequent timeline.
Common mistakes in the sector
- 1Locked-down data. Preventing the user from accessing data from their own equipment.
- 2Blocked sharing. Refusing data sharing with a designated third party (concurrent maintenance).
- 3Abusive clauses. Retaining unbalanced clauses, especially towards SMEs.
- 4GDPR confusion. Believing GDPR compliance is sufficient.
Practical case
An equipment manufacturer sold maintenance services based on exclusive access to machine data. An SME customer invokes the Data Act to entrust maintenance to a third party and gain access to the data. The manufacturer implements compliant access and sharing mechanisms, revises its contracts, and repositions its service offering around added value rather than data lock-in.
Compliance roadmap
- 1
Inventorying data. Map the data generated by each product and service.
- 2
Tooling access. Put access and sharing mechanisms in place.
- 3
Adapt the design. Integrate data access by design into new product development.
- 4
Revising contracts. Remove unfair clauses and clarify rights.
- 5
Inform. Document data and access modalities for buyers.
Frequently asked questions
Yes: the user has the right of access to the generated data and can have it shared with third parties they designate.
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