Data Act applies: connected machine data goes back to users

2025-09-12 · Publisher : Union européenne · Domain : Industry 4.0 & 5.0

The Data Act (EU) 2023/2854 applies since 12 September 2025: users of connected products, machines included, can access and share their data. From September 2026, new products must be designed for such access.

What changes

General application on 12 September 2025.
User right to access data from connected products and to share it with a third party (e.g. maintenance).
"Access by design" obligation (Art. 3(1)) for products placed on the market after 12 September 2026.
Unfair contract terms curbed; rules on switching cloud providers.

### What changes Adopted at the end of 2023, the **Data Act** (Regulation (EU) 2023/2854) applies from **12 September 2025**. It creates access and sharing rights over data generated by **connected products** and related services, whether consumer devices or industrial equipment. ### Timeline - **11 January 2024**: entry into force. - **12 September 2025**: general application (access and sharing rights, unfair terms, cloud switching). - **12 September 2026**: design obligation of Article 3(1): connected products placed on the market after that date must make their data accessible to the user, by default, easily and securely. - **12 September 2027**: Chapter IV applies to some contracts concluded before September 2025. ### Why it matters A plant operator can now require a machine maker to give access to operating data and hand it to a maintenance provider or integrator of their choice. For machine and automation makers, this means rethinking embedded data architecture (formats, interfaces, access portal), service contracts and trade secret protection. Engineering offices must build this access in from the design stage. ### Key takeaway The Data Act opens the services market around connected machines: usage data is no longer the manufacturer's de facto property.

Data Act applies: connected machine data goes back to users

What changes

Links