What is the EU Data Act
The EU Data Act (Regulation EU 2023/2854) represents one of the most strategic legislative developments in the field of industrial digitalization. Published in the Official Journal of the EU on December 22, 2023, it will come into effect on September 12, 2025, with certain key provisions applying to machines already on the market. Measures related to the design of new connected products will become operational in September 2026.
For machine builders (OEMs), who are increasingly integrating IIoT solutions alongside their digital technologies, the Data Act is not just a regulatory requirement: it represents a strategic opportunity to innovate services, increase transparency, and strengthen competitive positioning.
Objectives of the EU Data Act
The Data Act was created to:
- Ensure fair access to data: Users of industrial devices must be able to read, transfer, and use the data generated during machine operation.
- Promote competition and reduce technological lock-in: Manufacturers cannot tie customers to their own solutions or a single cloud provider. Users have the right to switch providers independently.
- Stimulate innovation: Transparent access to data and sharing along the supply chain enables the development of new services and business models.
- Protect privacy and industrial know-how: The regulation safeguards trade secrets and sensitive data, balancing openness and protection.
Who is involved
- Machine builders (OEMs): As data owners, they are responsible for designing compatible machines and updating contracts and SLAs.
- End Users: Companies that operate the machines, with the right to access and portability of data.
- Cloud and IIoT platform providers: They must ensure interoperability, ease of data transfer, and transparency.
- Public authorities: In emergency situations, they may access data for public interest purposes.
Implications for Connected Machine OEMs
Product design
Machines must support data access and open APIs, following data-by-design principles.
Contracts and SLAs
Agreements with customers and suppliers need to be updated to ensure portability, transparency, and continuous data access, while protecting proprietary know-how.
Data-driven services
Opportunities arise for servitization, predictive maintenance, benchmarking between machines, new revenue models based on actual data usage, and extending the supply chain with data-driven relationships.
Compliance and internal governance
It is essential to establish procedures for security, privacy, and data control to minimize legal risks and ensure reliability for users.
Strategic opportunities for machine builders
With the entry into force of the EU Data Act, connected machine builders have new opportunities to innovate their business and create added value for customers. Key opportunities include:
- New business models: Digital services, service bundles, pay-per-use, advanced services, SLA contracts based on data.
- Transparency and trust: Giving users greater control over their data can increase trust and satisfaction, reducing decision-making and IIoT implementation time.
- Competitive advantage: Early adopters can stand out in the European market.
- Economic impact: According to the European Commission and sector analyses, adopting data-sharing practices could generate a cumulative EU GDP increase of over €270 billion by 2028. Companies investing in data-driven innovation can achieve faster growth, with revenue increases of 5–10%.
Conclusion
The EU Data Act represents a real paradigm shift for connected machine builders. It is not only a regulatory obligation but also an opportunity to innovate services, strengthen customer trust, and improve business models. The most prepared and aware OEMs will be able to turn this challenge into a concrete competitive advantage.
At 40Factory, we have always believed in the fundamental principles of the Data Act, which is why additional updates to our products will be required. We support machine builders with consultancy, training, and practical tools, helping them transform data management into a real advantage. Thanks to our hands-on experience, we help OEMs comply with regulatory obligations while developing innovative services for their customers, improving operational efficiency and delivered value.
