Recital 9a (new)

1 would add wording.

1. 137 +Addition David CormandGreens/EFA · IMCO “Connected products may be designed so that product data and related service data are accessible from on-device storage, from a local server or…” numbered 9a

   (9a)Connected products may be designed so that product data and related service data are accessible from on-device storage, from a local server or gateway on the user’s own network, or from a remote server operated by the manufacturer or a third party. The choice among these architectures should not be used to deprive the user, in practice, of the direct and real-time access guaranteed by Article 3. Consistent with the data minimisation principle referred to in Recital 8, and given that increasingly available technology permits data to be processed locally without transmission to external infrastructure, a manufacturer should not make the exercise of the user’s rights under this Regulation conditional upon the routing of data through, or storage of data on, infrastructure controlled by the manufacturer or a third party, where the same functionality can be achieved through an interface on the user’s local network. The user should further be free to decide whether product data and related service data are transmitted beyond that local network, without prejudice to processing strictly necessary for cybersecurity, safety recalls, or compliance with a legal obligation to which the manufacturer is subject.

   Justification

   Explanation for new definition, to be found under amendments to Regulation (EU) 2023/2854, Article 2a and 2b.

   Tabled by

   David Cormand on behalf of the Verts/ALE Group

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 9a (new)

   Document

   IMCO amendments 125–328 to the draft opinion

   Source

   Official text, pages 13–14

   Printed header

   Recital 9 a (new)

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