Article 3 – Obligation to make product data and related service data accessible to the user
Only Parliament amendments would change this article. Parliament committees have tabled 2 amendments to this article.
Latest text22 October 2026ST 14756/26
Contains no amendment to this article.
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
- 10 Jun 2026 Council textST 10426/26 No amendment to this article.
- 18 Jun 2026 Council textST 10677/26 No amendment to this article.
- 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 1 amendment to this article. Amendments in this document
- 27 Jul 2026 ITRE–LIBE amendments 527–776 to the draft reportCJ72-AM-791071 1 amendment to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 No amendment to this article.
- 2 Oct 2026 Council textST 13886/26 No amendment to this article.
- 22 Oct 2026 Council textST 14756/26 No amendment to this article.
Parliament amendments
2 amendments to this article
1 proposes alternative wording and 1 would add wording.
| Type | Greens/EFA |
|---|---|
| ~ Alternative | 1 |
| + Addition | 1 |
By political group
- ~ Alternative Greens/EFA 1
- + Addition Greens/EFA 1
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Paragraph (1)1 amendment
224 ~Alternative David CormandGreens/EFA · IMCO “Where technically feasible, such access shall be available as local network access, in real time, without the data first being transmitted to, or…”
2a. In Article 3, paragraph 1 is amended as follows:
1. Connected products shall be designed and manufactured, and related services shall be designed and provided, in such a manner that product data and related service data, including the relevant metadata necessary to interpret and use those data, are, by default, easily, securely, free of charge, in a comprehensive, structured, commonly used and machine-readable format, and, where relevant and technically feasible, directly accessible to the user. Where technically feasible, such access shall be available as local network access, in real time, without the data first being transmitted to, or made contingent upon the availability of, a server or cloud infrastructure operated by the manufacturer, the data holder, or a third party. The obligation shall not be considered fulfilled by an interface that transmits data to such infrastructure before returning it to the user."
Justification
This addition, which is to be read in conjunction with definition 61a and the following amendment, closes the existing loophole by which ‘directly accessible’ often means that a user is forced to install an app that is connected to the vendor’s cloud. The text ensures that the obligations remain feasible as it does not create absolute obligations where local access is genuinely not possible.
- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 3 – paragraph 1
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 2 a (new) / Regulation (EU) 2023/2854 / Article 3 – paragraph 1
New paragraphs1 amendment
589 +Addition Damian BoeselagerGreens/EFA · ITRE–LIBE “Product data and related services data shall be made available to the user in a in real time via a physical interface or local network access. Where…”
2a. In Article 3, the following paragraph 1a is inserted:
Product data and related services data shall be made available to the user in a in real time via a physical interface or local network access. Where relevant, data holders shall explain where this is not technically feasible.
- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 3 – paragraph 1a (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 40
- Printed header
- Article 1 – paragraph 1 – point 2 a (new) / Regulation (EU) 2023/2854 / Article 3 – paragraph 1a (new)