Data Act: must I share data with third parties, and how?
Adopted 2026-06-14 · ≈ 1 min read · 
edited by Dirk Baaijen
At the user's request, the data holder must make data available to a third party of choice — in a common, machine-readable format and on fair (FRAND) terms. What that means and how to set yourself up for it in transport and logistics.
A core right under the Data Act: the user of a connected product may not only request the data themselves, but also have it shared with a third party of choice — for example a maintenance provider, a software supplier or a chain partner.
The rules of the game
- On request. Sharing happens at the user's request, not unprompted.
- Common, machine-readable format. Not a PDF dump, but usable, structured
data; where relevant and technically feasible, continuously and in real time.
- FRAND terms. Where a data holder shares with a third party, it must be on
fair, reasonable and non-discriminatory terms.
- No misuse. The receiving third party may use the data only for the
purpose agreed with the user.
Two roles, two sides
- Are you a user? You can have your vehicle/machine data forwarded to a
party that helps you (analysis, maintenance, optimisation).
- Are you a data holder? You must have a process to receive, assess and
fulfil sharing requests — with the right format and terms.
What to do
- Determine whether you are a user, a data holder, or both.
- Set up (as a holder) a request process and an export format.
- Record the FRAND terms and the purpose of use contractually.
Read the main file: The Data Act for transport and logistics. Or take the Transport & Logistics scan.
Sources
- https://eur-lex.europa.eu/eli/reg/2023/2854/oj
Regulation (EU) 2023/2854 (Data Act): right of access and to sharing with a third party, in a common machine-readable format. - https://digital-strategy.ec.europa.eu/en/policies/data-act
European Commission — Data Act policy page: scope, rights and obligations.
Read next
Who is the data holder and who is the user under the Data Act?
The user is the owner, renter or lessee of a connected product; the data holder is the party that has access to the data from that product and the related service. What this distinction means for transport and logistics.
The Data Act for transport and logistics: who gets access to your vehicle and supply-chain data?
The Data Act has applied since 12 September 2025 and affects anyone with connected vehicles, machines or sensors. It governs who can access the data they generate, enforces fair sharing terms, and makes switching between cloud services easier. What does that mean for transport and logistics?
The Data Act: what compensation may I charge for sharing data (FRAND)?
If the Data Act obliges you to share data, you may charge a reasonable fee based on your costs of making the data available, plus a reasonable margin. For SMEs and non-profits: only the direct costs. Terms must be fair and non-discriminatory (FRAND).