Key obligations
Enable data access for the user
The user is entitled to access the product data; the data holder must make it available on request. The role determines who may request and who must supply.
Share data with a third party of choice
At the user's request, the data holder must supply data to a third party in a commonly used, machine-readable format under FRAND terms.
FRAND compensation and transparency
Art. 8-9: compensation for data sharing must be cost-based, transparent and non-discriminatory; for SMEs/non-profits, only the direct costs may be charged.
Remove unfair contract terms
Art. 13 prohibits unilaterally imposed unfair terms between businesses; clauses that block access or price it unreasonably may be void.
Support cloud switching
Providers of data processing services must support switching to another provider and may not impose lock-in clauses.
Protect trade secrets with justification
Art. 4-5: a trade secret is no carte blanche to refuse sharing; mark the data in advance, provide justification, and refuse only exceptionally where there is demonstrable serious harm, with notification to the supervisory authority.