Article 3 — Obligation to Provide Information to the User

Legal Provision

Obligation to provide information to the user: establishes the requirement for providers, renter or leasers of connected product or providers of related service to provide information to the users about the data generated and prospective users of these data.

Scope

Applies to providers, renter or leasers of connected product and providers of related services.

Requirement type

Duty: when a connected product or related service is provided to the user, information must be given to the user regarding the data generated and eventual access and use of these data.

Actions to demonstrate compliance

A. Binary (yes/no): if these elements are present, there is evidence towards demonstrating compliance.

• Pre-contractual information document.
• Use of Model Contractual Term (MCT).

B. Non-binary (require a contextual assessment): building on the binary actions, a contextual assessment of these points is required.

• For both connected product and related services:
• Information delivered before purchase or signature.
• Clear terms and explanations.
• Description of the types of data included.
• Data storage and intended duration retention.
• Explanation of the method of access and data holder.
• For providers of related services:
• Explanation of third-party sharing.
• User’s right to share the data.
• User’s right to lodge a complaint.
• Identification information of data holder and expected use of data.

Monitoring requirement

• No explicit monitoring requirement. Pre-contractual obligation. However, monitoring is required when the product or service undergoes a relevant change.

Consequences of non-compliance

• Request for product or service modification.
• Restriction of the product in the market.
• Fine determined by Member State.