Who Must Comply With This Guidance?

The Guidance on vehicle data, accompanying Regulation 2023/2854 (Data Act) applies exclusively to stakeholders in the automotive value chain:

• OEMs (Original Equipment Manufacturers)
• Parts suppliers
• Aftermarket service providers
• Insurance providers

It does not extend to other sectors or the public sector.

Key Definitions in the Guidance

Connected Product

The guidance applies to vehicles that constitute "connected products" under the Data Act. It is understood as essentially a vehicle that collects data about its usage or environment and transmits it electronically.

A ‘connected product’ is ‘an item that obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection or on-device access, and whose primary function is not the storing, processing or transmission of data on behalf of any party other than the user’ (DA Article 2(5)).

Connected Service

A "connected service" (vehicle-related service) refers to a bi-directional data exchange between the vehicle and the service provider, whether it be the OEM or a third party, that affects the vehicle’s operation or behaviour. Exampled of vehicle-related services:

• Remote door locking/unlocking
• Predictive maintenance alerts
• Cloud-based driver preference settings
• Real-time route suggestions based on tire pressure, fuel levels, or battery charge

What Vehicle Data Falls Under the Data Act?

This guidance relates to vehicle data, which is understood as:

• Product data generated by the use of a vehicle, and
• Vehicle-related service data.

The guidance classifies this data into three categories outlined below. Only raw data and pre-processed data falls within the scope of the Data Act, inferred and derived data does not.

✅ In Scope of the Data Act:

Raw Data: Raw data are data which are not substantially modified. They are also known as source or primary data. They refer to data points that are automatically generated without any further form of data processing.

• Examples: sensor readings, brake pressure, CAN bus messages, manual commands

Pre-Processed Data: Data refined for usability but still reflective of real-world conditions. Pre-processed data are not ‘new’ information, it still reflects real-world events or conditions as captured by vehicle sensors or systems (e.g. temperature, speed, acceleration, position). The content or meaning of the source data is unchanged and has merely been prepared or refined for future use.

• Examples: speed, fuel level, battery status, odometer readings, component status

❌ Out of Scope of the Data Act:

Inferred or Derived Data: Created via proprietary algorithms or advanced analysis. Predictions of future events, values or conditions are usually considered out of scope as they typically provide ‘new’ information that goes beyond the description and characterization of the current vehicle operation or status.

• Examples: eco-driving scores, object detection, dynamic route planning, crash analysis

User Rights to Access Vehicle Data

The Data Act grants users the right to access and share vehicle data, either directly or indirectly:

• Direct Access: Where technically feasible, users should be able to retrieve data without OEM involvement.
• Indirect Access: When direct access isn't possible, OEMs must provide data via alternative means, such as:
  • Backend servers
  • Onboard interfaces
  • Intermediary platforms

Use of OBD-II Ports

If access is granted through the vehicle’s OBD-II port, the user cannot be required to buy special tools or have technical expertise.

Data that is Technically Retrievable

The Data Act only applies to data that is technically retrievable.

This excludes, for example, data which are processed ‘on the edge’ (i.e. inside the vehicle) and cannot be accessed by any party, including OEMs, as they are immediately deleted after processing. Certain data points such as accelerometer data, vehicle speed, GNSS-based location or odometer value are essential for many aftermarket use-cases. Therefore, OEMs are encouraged to consider the importance of data points for independent aftermarket service providers when they decide whether to design such data points to be retrievable from the vehicle. (para 45 of the Guidance)

B2B Data Access and Compensation

Under Data Act Article 5, OEMs must share relevant data with third-party service providers when requested.

• OEMs are allowed to charge reasonable compensation as per Article 9.
• The Commission will release further guidance under Article 9(5) on calculating this compensation.

Frequently Asked Questions

What data must car manufacturers share under the Data Act?

Manufacturers must share raw and pre-processed data that is technically retrievable and not derived through proprietary algorithms.

Can I access my vehicle data directly?

Yes—if the data is designed to be directly accessible and it's technically feasible. Otherwise, OEMs must provide indirect access.

Are predictive services like eco-scores or route optimization included?

No. These fall under "inferred or derived data" and are out of scope for mandatory data sharing.