14. What are ‘users’?

The general principle in Article 2(12) of the Data Act is that a ‘user’ is a natural or legal person that owns a connected product or to whom temporary rights to use that connected product have been contractually transferred, or that receives a related service. This implies the user has to have a stable right on the connected product (e.g. ownership, or a right from a rent or lease contract) that pertains to the object. Such a user has a legal right under the Data Act over the data being generated by the connected product. Where the use of a connected product (e.g. use of an airplane as a passenger) is included in a service contract (plane ticket) that does not transfer property-type of rights on the object itself, the person using the connected product (plane passenger) is not a ‘user’ according to the Data Act.