The internet of things and related services is one of the key industries affected by the EU’s Data Act. Businesses in this sector may have to make changes to bring their operations into compliance with the new requirements. In this article we examine the key obligations under the Data Act for IoT companies, and their operational implications.
Pre-contractual information obligations
What do these duties involve?
Entities that sell, rent or lease a connected product are required to provide at least the following information before entering into a contract with users:
- What data can be generated by the connected product (type, format, and estimated volume of data)
- Whether the connected product is capable of generating data continuously and in real time
- Whether the connected product is capable of storing data on the device or on a remote server, including, where applicable, the intended duration of data retention
- How the user may access, retrieve or, where relevant, erase the data, including the technical means to do so, as well as their terms of use and quality of service.