CECE position on the Data Act Proposal

CECE issued a position paper on the European Commission proposal for a regulation on harmonised rules for access to and use of data (Data Act).

The construction equipment industry is concerned about the approach taken by the Commission:
we believe that the proposed data sharing requirements imposed on manufacturers are disproportionate and will have a strong impact on construction machinery companies’ business model, if not reconsidered.

CECE members do not see the need to over-regulate the sharing of data in B2B contexts, where parties are able to freely negotiate the terms of their relation and roles cannot always be predefined.
As a consequence, in certain cases, the manufacturer may neither be the holder nor the owner of the data. Besides, the Data Act does not take into due account the diversity and complexity of the data generated and collected in the construction industry.

Our position paper focusses on the key concerns identified, with particular attention to B2B and B2G data sharing obligations:

  • B2B and B2C data sharing obligations should be addressed separately.
  • Freedom of contract should remain the guiding principle in B2B relations.
  • The right of ownership/managing access right should be better addressed and clarified.
  • The definition of data should be narrowed and limited to data that is being generated by the use of the product, based on this original data set and linked to a related service.
  • The dichotomy “data holder”/ “user” does not fit properly into complex industrial relations.
  • A level playing field between bigger and smaller companies should be established.
  • Compensation for making data available should be allowed in all data sharing scenarios.
  • The protection of business-sensitive data should be enhanced.
  • The transition period should be extended to a minimum of 36 months.

To consult our comments in full, please download the document here.

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