Data Act

Users of connected products get a right to access and use the data their use generates — and products placed on the market after 12 September 2026 must be designed to make that data accessible.

Reference
Regulation (EU) 2023/2854
Status
Applies in stages
Sources last checked

What it is

The Data Act governs access to and use of data generated by connected products and related services — personal and non-personal, consumer and industrial. It also covers unfair contractual terms related to data, switching between cloud providers and access by public bodies. A Digital Omnibus proposal to amend parts of it (cloud switching, trade secrets, public-sector access) is still in the legislative process.

Who is affected

Manufacturers of connected products (consumer and industrial — machines, meters, vehicles, sensors), providers of related services, data holders, cloud and edge providers.

What you have to do

  • Seller, renter or lessor, before the contract: inform users about the type, format and estimated volume of the data the product generates, whether it is generated continuously and in real time, and how to access it.
  • Products placed on the market after 12 September 2026: data accessible to the user by default, easily, securely, free of charge, in a comprehensive, structured, commonly used and machine-readable format and, where relevant and technically feasible, directly.
  • Provide data to the user — or to a third party chosen by the user — on request; protect trade secrets with agreed measures.
  • Check B2B contracts on data for unfair terms.

Fact check

Not correct “The Data Act is about personal data — that’s GDPR territory.”

It explicitly covers non-personal machine and sensor data too. GDPR continues to apply in parallel where personal data is involved.

Not correct “Only consumer smart-home devices are covered.”

Industrial machines, meters, agricultural equipment and vehicles are typical connected products under the Data Act.

Not correct “The Digital Omnibus has already changed the Data Act.”

As of the last review the Data Act amendments are still a proposal in negotiation. The access-by-design duty applies unchanged to products placed on the market after 12 September 2026.

Sources

  1. Regulation (EU) 2023/2854 (Data Act) — Official Journal text (opens external website) ↗EUR-Lex · Legal text · English version · checked
  2. Data Act — overview, FAQ, model contract terms (opens external website) ↗European Commission · Official · in English · checked
  3. Digital Omnibus Regulation proposal (19 Nov 2025) (opens external website) ↗European Commission · Official · in English · checked

General information, not legal advice. Authentic are only the texts published in the Official Journal of the EU and the Austrian Federal Law Gazette.

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