ACM publishes for public consultation its Guidelines on sharing data (Sharing data from connected products and related services)
Why has ACM drawn up these guidelines?
The Data Act introduces major changes for businesses in the data economy. Manufacturers and providers of smart devices and related services need to make data accessible for users and business customers. ACM finds it important that businesses comply with these rules. With these guidelines, ACM offers these businesses guidance for bringing their operations in line with the new rules.
What is ACM’s role?
ACM will be charged with enforcing compliance with the Data Act in the Netherlands. The Dutch Data Protection Authority (AP), too, will have certain oversight duties. In addition, ACM will be charged with the coordination between regulators in the Netherlands and other regulators in Europe. The Dutch legislation that is required for these duties has not yet come into effect. Once the Dutch Senate and the Dutch House of Representatives have passed the Dutch implementing act, ACM will be fully authorized to enforce the Data Act, accept reports about possible violations, and take enforcement action.
Importance of the Data Act
The Data Act helps create a fair, open, and innovative data market in the European Union. Individuals and businesses will benefit from more opportunities for using data, improved switching opportunities between cloud services, and more freedom when choosing smart devices. ACM emphasizes that the act is meant to offer businesses new opportunities, to enable businesses to work more efficiently and effectively, and to give consumers and business users more control over their own data.
Consultation
ACM invites market participants to submit their opinions about the draft guidelines. They can do so until October 31. When submitting your opinion, please answer the following questions:
- What is your general opinion of the draft version of the guidelines?
- Is there an article for which ACM currently does not offer any guidance but for which you would like to have guidance? If so, what article is this, and what part thereof would you like to have more clarity?
- Does, in your opinion, some of the guidance in these guidelines not tie in properly with the real world or with case law? If so, what parts of the guidance is that, and why do these parts not tie in properly?
- In marginal 72 and further, ACM discusses the relationship between direct and indirect access to data. ACM would like to hear your opinions about the following aspects:
a.To what extent is obtaining direct access to data of added value to your business operations, compared with indirect access? If you do not see any difference between the two, please indicate that as well.
b.To what extent does granting direct access to data have any negative effects on your business operations, compared with indirect access? If you do not see any difference between the two, please indicate that as well. Written opinions can submitted by email or regular mail. Please include the reference “consultation of Guidelines on sharing data” The email address is %20dataact [at] acm [punt] nl (dataact[at]acm[dot]nl) and the mail address is: The Netherlands Authority for Consumers and Markets, TVP Department, P.O. Box 16326, 2500 BH The Hague, the Netherlands.