FEM initial reaction on EC proposed Data Act

FEM initial reaction on EC proposed Data Act

FEM has issued an initial reaction to the proposal for a Data Act that was presented by the European Commission last February. The text was sent to the European Commission as a response to the public request for feedback.

FEM welcomes the European Commission’s proposal to foster the EU data economy. Most materials handling equipment in operation is now smart, and consequently generates a substantial quantity of industrial data.

While supporting the objectives of the proposed Data Act, FEM believes that some of its provisions would disproportionately limit the potential for our companies to use data to drive their innovation and competitiveness. Therefore, FEM suggests a number of modifications for a more efficient legal framework, notably:

Differentiating between B2B and B2C data transactions

Freedom of contract to be recognised as the optimal basis for an efficient flow of data

A horizontal and better fine-tuned definition of data

Excluding leased or rented products from the scope

Including rights for manufacturers to get access to data generated by the use of their machines

Strengthened safeguards and extended to non-patented know-how

Clearer provisions on exchange of data from and to Europe, and from and to non-European countries

Aligning with already existing EU legislation, or EU legislation which is currently being revised, addressing data

Extending the transitional period to two years

FEM is currently working on a more detailed position, which will be finalised by the end of June.
See FEM’s initial reaction.