Section on data holders

• 21. Is a manufacturer always a data holder?
• 22. Does Article 3(1) oblige manufacturers of connected products to design or redesign their connected products so that users can access the data directly?
• 22a. What technical and practical requirements must data holders meet concerning criteria such as data format, quality and latency?
• 23. Does the new data access right affect the protection of trade secrets?
• 24. Can the protections that Articles 4, 5 and 6 provide for also apply in relation to data made directly available in the sense of Article 3(1)?
• 25. Does a data holder have to share data if there are safety/security concerns?
• 25a. What GDPR legal bases could the data holder rely on when replying to a request for data?
• 25b. Should the data holder verify that the user or third party has a valid legal basis under the GDPR before transmitting the data?
• 26. A non-compete clause for connected products has been introduced. Does this also apply to related services?
• 27. How are the interests of data holders protected?
• 28. Does the Data Act apply to manufacturers of connected products and providers of related services that are established outside the EU?
• 29. Are there any limitations on the data holder’s use of the data generated by the user?
• 30. How would a data holder be able to verify a legitimate user?
• 31. Does a data holder still need to share data with a third party upon request of the user where it has granted direct access to the user?
• 32. Can users request access to historical data that a data holder might be storing (e.g. when buying a second-hand sensor/machine)?
• 33. Can users request that data holders delete their non-personal data before selling a product to another user?
• 34. Can a company be both a user and a data holder at the same time?
• 34a. After the Data Act enters into application, can data holders continue to use data generated by connected products placed on the market before the application date?