11. What happens if a connected product is resold (‘second-hand connected products’)?

When it comes to the user’s right to access data generated by the use of a connected product, the Data Act does not distinguish between ‘first-hand’ and ‘second-hand’ connected products. If a connected product is being (re)sold, the seller must comply with the ‘transparency obligation’ outlined in Article 3. This requires the seller to provide the necessary information for the future owner to exercise their new data access rights under the Data Act. As a result, the future owner will be informed as to who the data holders are as well as the modalities to accessing and using the generated data. Other sections of this FAQ address related issues, such as how data holders can identify legitimate users.