The Data Act proposal is one of the building blocks of the European strategy for data which aims at creating a common European data space – a Single Market for data to make the EU more competitive globally and enable innovative processes, products and services.
The proposed regulation on fair access to and use of data introduces new obligations on data holders/manufacturers for the sharing of data generated by connected products or related services. It is expected to enter into force by the end of 2023 and complements the Data Governance Act, which establishes the processes and structures to facilitate data sharing.
Industrial and commercial data are key drivers of the digital economy. The construction industry has made significant investments in connected devices and related service in the past decade to provide ad-hoc services to users, such as predictive maintenance and fleet management.
CECE does not see the need to over-regulate the sharing of data for the construction equipment sector where consolidated, well-balanced business relationships prosper. Freedom of contract should remain the guiding principle for business-to-business (B2B) relations, where our members mainly operate, as the well-functioning of entrepreneurial relationships ensures a level playing field for the parties involved.
The data covered by the Data Act should be limited to the data that is being generated by the use of the product based on this original data set and linked to a related service (i.e., telematics data. In addition, manufacturers should always be entitled to compensation for the value of the data, including the costs for making data available, across all possible data sharing scenarios.
Trade secrets and Intellectual Property rights should be properly safeguarded against potential third parties’ misuse.
An adequate transition period before the regulation applies should be ensured. Manufacturers needs a sufficient timeframe to put in place the complex implementation process foreseen for enabling machines and devices to be compliant with the new requirements.
CECE Position Paper - CECE comments on the EU Data Act proposal
Joint Statement - The Data Act is a leap into the unknown
CECE Position Paper – CECE key recommendations for trilogues on the Data Act