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Published by horak. Attorneys at law / Patent attorneys
2026 legal update / Reviewed 12 November 2026
Article 3(1) of the Data Act has a specific application rule for connected products and related services placed on the market after 12 September 2026.
Design obligations need product-level analysis
Article 50 separates the Article 3(1) design obligation from the Data Act’s general application date. Businesses should record the product or related service concerned and its market-entry facts, then assess how eligible data and metadata can be accessed.
Access is not unrestricted reuse
Product teams need to coordinate access with personal-data protection, trade-secret safeguards and the relevant user and recipient roles. A technical interface alone does not resolve information duties or contractual use conditions. Equally, a confidentiality label does not automatically justify refusing access.
Four practical examples
Illustrative scenarios, not reports of client mandates. The appropriate response depends on the facts and applicable law.
New connected machine
A manufacturer launching after the milestone assesses data accessibility during product design, not only after receiving a request.
Related mobile app
A device’s companion service needs analysis alongside the hardware because relevant data may sit in the service layer.
Fleet service
A business separates operational data from information relating to identifiable drivers before sharing.
Sensitive diagnostic data
A supplier identifies specific confidentiality safeguards rather than applying a blanket ban to all access requests.
Practical next step
Identify the systems, products or contracts affected, assign a responsible owner and preserve the documents supporting your assessment. Read our related service page for the scope of legal support.