With the Data Act, the European legislator has created a far-reaching set of rules that imposes new requirements on the processing of non-personal data. The regulations will gradually be applied from 12 September 2025. Due to the large number of networked vehicle components, the automotive industry is particularly affected by the requirements of the legal act. The following article explains the most important requirements and provides practical advice on how to implement them.
What data is affected?
The Data Act regulates access to data from networked products (IoT) and related services. It collects non-personal data generated by networked vehicle components and digital services, for example, including sensor data, operating data, metadata and diagnostic data. At the same time, the protection of personal data under the General Data Protection Regulation remains unaffected.
To do
- Check whether the manufactured products are affected.
- Categorise the processed data.
New requirements for access to data
A key element is the right of users to access product and usage data. Manufacturers and operators of networked vehicle components and digital platforms must take this into account as early as the product development stage (access by design). The provision must be secure, free of charge and machine-readable. Users can also instruct third parties to access the data. This requires a clear technical and contractual design of data access.
To do
- Ensure that data can be provided in a standardised and machine-readable format.
New requirements for the disclosure of data
The Data Act also affects the sharing of data in the B2B sector. Data holders must provide access on fair, reasonable and non-discriminatory terms (FRAND principle). Unfair contractual clauses that allow for unilateral control over data are prohibited. Trade secrets and sensitive company data are excluded. As a result, many companies need to revise their supply, development and data licensing agreements.
To do
- Contract review and, if necessary, adaptation of existing data licensing.
- Review non-disclosure agreements and safeguards.
Impact on the supply chain
OEMs and suppliers work with complex supply chains in which data is exchanged between several partners. The Data Act requires compliance checks along the entire supply chain to ensure that all parties involved meet the new requirements. The responsibility not only lies with the OEMs, but also with the suppliers who supply networked systems and components. Companies must therefore coordinate with their partners at an early stage to avoid contractual risks and regulatory pitfalls.
To do
- Identify data flows in the supply chain.
- Drafting, reviewing and supplementing data licensing agreements in the supply chain.
Act now and implement requirements
The Data Act represents a challenge for the automotive industry, but also an opportunity. Those who implement the new requirements at an early stage can position themselves strategically and secure competitive advantages. Especially in the field of networked vehicles, intelligent sensor technology and data-based mobility services, the availability of data is becoming a key factor for innovation and market position.
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