Article 4 — Obligation to Make Data Accessible to the User

Legal Provision

Obligation to make data accessible to the user: establishes the requirement for data holders to make data generated by connected products or related services available to the user.

Scope

Applies to data holders (natural or legal person who as the right or the ability to make the data available).

Requirement type

Duty: when a connected product or related service is provided generated data must be made available by the data holder at the request of the user.

Actions to demonstrate compliance

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

• Existence of a data access mechanism.
• Written procedure to handle access requests.
• Access logs.
• Existence of a data access responsibility role.
• Existence of a refusal assessment framework.

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

• Ability to extract historical data.
• Structured format delivery.
• Adequate response time records.

Monitoring requirement

• Monitoring of the effectivity of the framework (e.g., request register).

Consequences of non-compliance

• Request to make data available.
• Fine determined by Member State.