33. Can users request that data holders delete their non-personal data before selling a product to another user?

The Data Act does not establish a ‘right to erasure’ for non-personal data, similar to the GDPR. The possibility to erase data may be contractually agreed upon. Such data are referred to as ‘user’s removable data’ in the Model Contractual Terms (MCTs) to be recommended by the Commission. For other types of data, the data holder may decide that erasure is not permitted, particularly where retaining historical data serves the interests of future users (e.g. for servicing and repair purposes; see Question 32). These are referred to in the MCTs as ‘residual data’, that is other data than user’s removable or always removable data. Product-specific legislation may also provide differently and prohibit the erasure of certain data (for example, when a certain type of data is meant to ‘follow’ the product for safety reasons). If there is a contractual agreement for users to erase data, information on how data can be erased is one of the requirements pursuant to Article 3(2)(d) of the Data Act. Recital 21 gives guidance on account solutions in the case of multiple usership, where users should be allowed to delete the non-personal data related to their account. Additionally, two subsequent users could contractually agree on the erasure or non-erasure of (certain) data before the handover of a connected product.