Rules for data from smart devices

Are you a supplier of smart devices and the related services? You are the manufacturer of the smart device or the developer of the service? Then you must make sure users:

• get clear information on data and how data are collected
• get easy access to their data
• can share their data with 3rd parties or allow their data to be shared with 3rd parties

This is set out in the European Data Act. The Data Act aims to ensure that businesses, citizens, and governments can make better use of the data generated by, for example, smart devices (connected devices).

These rules apply to smart devices and related services that have been placed on market after 12 September 2025. From 12 September 2026 you must offer smart devices and related services in such a way that users can easily access their data.

What are smart devices? 

Smart devices, also called connected devices, collect data on the use of the devices, performance, or surroundings. They work with an app or other software, and are connected tot the internet. This way they can send and receive data.

Examples of smart devices are:

• smartwatches
• smart medicine dispensers
• smart thermostats you can operate with an app
• refrigerators that are connected to the internet

You must give clear information on data 

You must give the user of the smart device the following information:

• what type of data you collect
• how the smart device and related service collect data
• how the user can access the collected data
• what you use the collected data for
• whether other parties can access the data

Users must have easy access to their data 

Users of your smart device and the associated service have the right to direct access to the data you collect. Is it impossible for you to arrange this, for example for technical reasons? In that case it must be easy for users to request the data from you.

Users must be able to share data easily

You must make sure that users can share the data from the smart device or associated service with other people or organisations. This way another party can service or repair the smart device, or advise the user. You can draft a contract with the arrangements you make with users and 3rd parties on the sharing of and access to the data.

In some situations, you may refuse to cooperate in sharing data with 3rd parties, for example:

• if trade secrets will become public
• to large providers of online services
• to 3rd parties outside the European Union (EU)

Will you not share data? For example, because trade secrets might become public? You have to report this to supervisory organisation the Netherlands Authority for Consumers and Markets (ACM, in Dutch), your users, and the 3rd parties involved.