Financial penalties may be imposed for noncompliance
When there is no agreement regarding the necessary measures or if the user fails to implement measures agreed to, the data holder may suspend the sharing of data identified as trade secrets, but is required to notify the Competent Authority.
While "the devil is in the details" as to how this and other provisions of the Data Act are to be enforced, it is clear that conditions for a right of access to data are being established across the pond. There is an obligation to design products and related service data in a manner that product data and related service data are, by default, more easily accessible to the user. This requirement will apply as of September 12, 2026. The rules on unfair contractual terms are expected to start to be applied by September 12, 2027. The clock is ticking.
Given the adoption of the European Data Act by the EU, isn’t it time to begin a conversation with industry stakeholders to implement an understanding for data access to repair in the U.S.?
About the author: Robert J. Kerwin is the general counsel for IAMERS, the International Association of Medical Equipment Remarketers and ServicersBack to HCB News
