--- title: "EU Data Act Users, Data Holders, and Recipients FAQ" canonical_url: "https://www.sorena.io/artifacts/eu/data-act/faq/users-data-holders-and-recipients" source_url: "https://www.sorena.io/artifacts/eu/data-act/faq/users-data-holders-and-recipients" author: "Sorena AI" description: "FAQ explaining Data Act users, data holders, data recipients, connected products, related services, user access, third-party limits, and GDPR boundaries." published_at: "2026-05-06" updated_at: "2026-05-06" keywords: - "EU Data Act" - "Regulation (EU) 2023/2854" - "Data Act users" - "data holders" - "data recipients" - "connected products" - "related services" --- **[SORENA](https://www.sorena.io/)** - AI-Powered GRC Platform [Home](https://www.sorena.io/) | [Solutions](https://www.sorena.io/solutions) | [Artifacts](https://www.sorena.io/artifacts) | [About Us](https://www.sorena.io/about-us) | [Contact](https://www.sorena.io/contact) | [Portal](https://app.sorena.io) --- # EU Data Act Users, Data Holders, and Recipients FAQ FAQ explaining Data Act users, data holders, data recipients, connected products, related services, user access, third-party limits, and GDPR boundaries. *FAQ* *EU* *Data Act* ## EU Data Act Users, Data Holders, and Recipients FAQ Answers to practical role questions under the EU Data Act. Use this FAQ to distinguish users, data holders, data recipients, third parties, connected products, related services, access rights, recipient limits, and GDPR constraints. The Data Act role map starts with the product or service, then asks who has the legal right to use it, who can lawfully obtain the generated data, and who receives data from the data holder. Those labels matter because user access, third-party sharing, trade-secret safeguards, compensation, and GDPR checks attach to different actors. ## Who is a user under the EU Data Act for Users Data Holders And Recipients implementation evidence? The Data Act context is the starting point for this answer. A user is a natural or legal person that owns a connected product, has temporary contractual rights to use that connected product, or receives a related service. A company can be a user; a consumer can be a user; and more than one person can be a user of the same connected product when ownership, lease, rental, or service rights support that position. Do not treat every end customer, passenger, employee, or account contact as a Data Act user. The Commission FAQ explains that the user needs a stable right over the connected product or the related service. A person merely benefiting from a broader service, such as transport, is not automatically a user of the connected product that provides that service. - Check the ownership, rental, lease, user account, and related-service contract before assigning the user role. - For multi-user products, record which user can access which data and how account-level access is separated. - A public sector body can also be a user under Chapter II if it owns, uses, or receives the relevant connected product or related service. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 2(12) defines the Data Act user role by ownership, temporary contractual use rights, or receipt of related services. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Questions 14 to 16 explain user status, EU user scope, and multiple-user connected-product scenarios. ## What makes a product or service relevant to these Data Act roles? The Data Act context is the starting point for this answer. The Chapter II role analysis applies to connected products and related services. A connected product obtains, generates, or collects data about its use or environment, can communicate product data electronically, physically, or through on-device access, and is not primarily a data storage, processing, or transmission service for someone other than the user. A related service is a digital service, including software, that is connected with the product so that the product cannot perform one or more functions without it, or is later connected to add, update, or adapt product functions. The Commission FAQ points to bidirectional data exchange and an effect on the product's functions, behaviour, or operation as key practical indicators. - Separate product data from manuals, packaging text, and other descriptive material that does not arise from product use. - Separate related services from connectivity, power supply, repair, maintenance, analytics, and other aftermarket services that do not meet the related-service test. - For each product line, identify whether access is direct from the product, indirect through the data holder, or mixed. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 2(5) and 2(6) define connected products and related services for Data Act access analysis. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Questions 7 and 10 give practical examples and indicators for connected products and related services. ## Who is the data holder, and is it always the manufacturer under the Data Act? A data holder is the person or organisation that has the right or obligation under the Data Act, other EU law, or national law to use and make data available. For product and related-service data, the role turns on who can lawfully retrieve, generate, use, and make available the data, not simply on who made the hardware. A manufacturer will often be a data holder, but the Commission FAQ says it is not always the data holder. A component supplier, related-service provider, or another contracted entity can be a data holder if it receives or controls access to readily available data and is identified in the contractual and pre-contractual setup. A person can also be a user for one product and a data holder for another, but not both for the same data in the same relationship. - Identify every entity that receives product data or related service data from the connected product ecosystem. - Check whether the user was told the identity and contact details of each prospective data holder before the relevant contract. - Do not assign data-holder status to a party that has no access to the data and no Data Act or other legal duty to make it available. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 2(13) defines data holder status; Article 3 requires pre-contractual information about prospective data holders. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Questions 21 and 34 explain why manufacturers are not always data holders and why role status can differ by product or data relationship. ## What data can users access from a data holder under the Data Act? The Data Act context is the starting point for this answer. Users can access readily available product data and related service data, together with the metadata needed to interpret and use it. Where the data is not directly accessible from the product or service, the data holder must make it available without undue delay, in the same quality available to the data holder, easily, securely, free of charge, and in a structured, commonly used, machine-readable format. The Commission FAQ describes the core Chapter II data set as raw and pre-processed data that is readily available to the data holder as a result of technical design. Highly enriched, inferred, or derived data resulting from additional investments, proprietary complex algorithms, or substantial transformation is outside the mandatory Chapter II sharing obligation. Personal data can be in scope, but only subject to GDPR compliance. - Include necessary metadata, not just sensor values or event records, when metadata is needed to make the data usable. - Classify raw, pre-processed, inferred, derived, personal, non-personal, and trade-secret data separately before responding. - Do not use anonymisation, pseudonymisation, or encryption labels as a shortcut to avoid deciding whether data is readily available. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Articles 3 and 4 set the user access rule, format expectations, metadata requirement, and indirect-access obligation. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Questions 4, 5, 13, and 22a explain in-scope raw and pre-processed data, metadata, readily available data, enrichment boundaries, and format expectations. ## Can the user require the data holder to share data with a third party under the Data Act? Yes, if Article 5 applies. At the user's request, or at the request of a party acting on behalf of the user, the data holder must make readily available data and necessary metadata available to a third party under the Data Act conditions. This right exists even if the user also has direct access, provided there is a data holder with readily available data. A third party receiving data under Article 5 is a data recipient for that transaction, but not the user. The third party must be acting for purposes related to its trade, business, craft, or profession and must be in the Union for the Chapter II mandatory sharing obligation to apply. Digital Markets Act gatekeepers are not eligible third parties for this mandatory IoT data-sharing mechanism. - Verify the user's request and the recipient's identity using only information necessary for that verification. - Route third-party sharing through the agreed purpose, data scope, safeguards, and transmission arrangements. - Do not treat a non-EU recipient or DMA gatekeeper as an eligible mandatory third-party recipient under Article 5. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 5 gives users the right to ask a data holder to make readily available data available to third parties and excludes DMA gatekeepers. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Questions 31, 36, and 37 clarify third-party sharing even after direct access, DMA gatekeeper exclusion, and non-EU recipient limits. ## What limits apply to data recipients and third parties after they receive Data Act data? The Data Act context is the starting point for this answer. A third party receiving data at the user's request may use the data only for the purposes and under the conditions agreed with the user, subject to personal-data law where personal data is involved. It must erase the data when no longer necessary for the agreed purpose unless the user has agreed otherwise for non-personal data. Article 6 also sets explicit prohibitions. A recipient must not manipulate the user's choices, use the data for profiling unless necessary for the service requested by the user, pass the data onward except under the Article 6 conditions, give the data to a DMA gatekeeper, develop a competing connected product, undermine product security, disregard trade-secret measures, or prevent a consumer from sharing received data with other parties. - Write the agreed purpose narrowly enough that support, engineering, and partner teams can enforce it. - Keep onward-sharing, profiling, security, trade-secret, and deletion controls in the recipient contract or access terms. - Separate use of the data to provide an aftermarket or related service from prohibited use to develop a competing connected product. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 6 lists the permitted purpose rule and prohibited conduct for third parties receiving data at the user's request. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Question 35 summarizes what third parties may do with data received in the Chapter II user-sharing context. ## What obligations and safeguards should data holders apply when making data available under the Data Act? The Data Act context is the starting point for this answer. Data holders should build the request process around access that is easy, secure, non-discriminatory, and limited to necessary verification. They must not make user choices unduly difficult, require unnecessary information to verify a user or third party, or keep access logs beyond what is needed for request execution and infrastructure security and maintenance. Data holders can protect legitimate interests, but the safeguards are not blanket refusal rights. The Data Act allows security restrictions where lawful security requirements could be undermined with serious adverse effects; it also allows trade-secret measures, withholding, suspension, or exceptional refusal only under the specific Article 4 and 5 conditions. Technical protection measures such as encryption or smart contracts must not discriminate between recipients or hinder Data Act access rights. - Use simple electronic request mechanisms where technically feasible and avoid unnecessary manual clearance. - Document any safety, security, or trade-secret limitation with the specific legal basis, data affected, evidence, notice, and challenge path. - When sharing with data recipients in business-to-business relations, apply fair, reasonable, non-discriminatory, and transparent terms under Chapter III. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Articles 4, 5, 8, and 11 support necessary verification, access design, trade-secret safeguards, FRAND terms, and technical protection-measure limits. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Questions 22a, 23, 25, and 30 explain format, quality, timeliness, trade-secret handling, safety/security restrictions, and legitimate-user verification. ## How does the GDPR boundary affect Data Act users, data holders, and recipients? The Data Act covers personal and non-personal data, but it does not supersede the GDPR. Article 1(5) says EU and national personal-data and privacy law continue to apply, and those rules prevail in a conflict. The Commission FAQ states that the GDPR is fully applicable to personal-data processing under the Data Act. If the user is the data subject, Data Act access and sharing complement GDPR access and portability rights. If the user is not the data subject whose personal data is requested, the data holder may make the personal data available to the user or third party only where there is a valid GDPR legal basis and, where relevant, Article 9 GDPR and ePrivacy conditions are met. Data holders and recipients should therefore classify personal data, identify controller roles, and keep the GDPR legal-basis analysis separate from the Data Act role analysis. - Do not cite the Data Act itself as the GDPR legal basis for giving one person's personal data to another user or third party. - For mixed datasets, separate personal data, non-personal data, anonymised data, and data that can reasonably be relinked to a user or product. - Escalate personal-data disputes to the data protection authority path where the issue concerns GDPR rights or lawful processing. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 1(5), Article 4(12), Article 5(7), and Article 37(3) establish the GDPR boundary for Data Act access and enforcement. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Questions 1, 2, 18, 25a, 25b, and 30 explain GDPR priority, portability overlap, legal-basis checks, and controller accountability. ## What records should teams keep for an EU Data Act role decision so it can be rechecked later? Keep a short decision note that links the role analysis to the relevant Data Act article or Commission FAQ, the product or service in scope, the user type, the data holder, any third party or recipient involved, and the date of the decision. That gives later reviewers enough context to see why the team treated a person as a user, a party as a data holder, or a recipient as a third party. The note should also capture the request path, contract or account reference, the data categories involved, and any GDPR or trade-secret issue that changed the answer. - Record the source URL and the specific article or FAQ question used. - Store the related product, service, contract, or request record. - Note whether the decision depended on direct access, indirect access, or third-party sharing. ## Which team should own EU Data Act role-mapping work and keep the role assignments current over time? Assign one accountable owner who can change the product, contract, support, procurement, or privacy process that the role decision affects. For most teams, that is legal, privacy, product, or compliance, depending on which workflow actually controls the Data Act response. If multiple teams are involved, keep one owner and list the consulted teams separately so the record stays easy to update when the product or service changes. - Name a single accountable owner for the role decision. - List consulted teams such as legal, product, support, security, and procurement. - Link the owner to the workflow that will actually implement the decision. ## What evidence makes a Data Act role decision easier to review later? Keep Data Act evidence that shows how the team decided whether the product or service was in scope and who the relevant actors were. The most useful items are the contract, user-facing notice, product or service description, data inventory, access flow, and any request or refusal record. If the answer depends on a legal boundary, keep the exact wording that supports it. That matters especially for user status, related-service status, direct versus indirect access, and third-party sharing limits. - Save the contract or notice that identifies the role relationship. - Keep the data inventory or access-flow diagram used in the analysis. - Retain any refusal, escalation, or legal-basis note tied to the decision. ## When should an EU Data Act role decision be reviewed again as products and contracts change? Review the Data Act decision whenever the product, service, contract, access method, or data-sharing pathway changes. A new related service, a new user type, a new data holder, or a new third-party recipient can change the answer even if the product itself stays the same. It is also worth reviewing the decision after any GDPR, security, trade-secret, or contract update, because those changes can affect what data can be made available and to whom. - Review again when the product or service changes. - Review again when the contract, access flow, or recipient changes. - Review again when a GDPR, security, or trade-secret issue changes the analysis. ## Primary sources - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Primary legal text for Data Act definitions, user access rights, third-party sharing, data-holder obligations, data-recipient conditions, safeguards, and GDPR priority. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Commission FAQ used for practical interpretation of users, data holders, connected products, related services, third parties, in-scope data, trade secrets, and GDPR scenarios. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission overview used for public-facing context on the Data Act's purpose: giving users of connected products more control over data they generate. ## Topic Guides - [Data Act and Common European Data Spaces](/artifacts/eu/data-act/data-act-and-common-european-data-spaces.md): How Data Act Article 33 connects data-space participation with metadata, vocabularies, APIs, access terms, data quality, governance, and standards monitoring. - [Data Act and Data Governance Act Overlap FAQ](/artifacts/eu/data-act/faq/data-governance-act-overlap.md): FAQ explaining where the EU Data Act and Data Governance Act overlap, how they differ, and how to route product, cloud, public-sector reuse, intermediary, and data altruism workflows. - [Data Act and GDPR Personal Data Overlap FAQ](/artifacts/eu/data-act/faq/gdpr-personal-data-overlap.md): FAQ on how the EU Data Act works when connected-product or related-service data includes personal data, mixed datasets, GDPR roles, lawful basis, trade secrets, and third-party sharing. - [Data Act Audit Evidence And Request Logs FAQ](/artifacts/eu/data-act/faq/audit-evidence-and-request-logs.md): FAQ for Data Act request logs covering user and third-party access, B2G exceptional need requests, cloud switching records, contract terms, trade secrets, and GDPR boundaries. - [Data Act B2B Data-Sharing Contract Clauses](/artifacts/eu/data-act/b2b-data-sharing-contract-clauses.md): Clause guide for EU Data Act B2B data sharing: FRAND terms, compensation, trade secret safeguards, recipient limits, termination, logs, and GDPR boundaries. - [Data Act B2B Data-Sharing Contract Template](/artifacts/eu/data-act/b2b-data-sharing-contract-template.md): A usable EU Data Act B2B data-sharing template outline covering access requests, data schedules, permitted use, trade secrets, security, compensation, GDPR boundaries, audit records, and termination. - [Data Act B2G Exceptional-Need Requests](/artifacts/eu/data-act/b2g-exceptional-need-requests.md): A grounded guide to EU Data Act Chapter V requests from public bodies: exceptional need, public emergencies, request contents, limits, safeguards, costs, and records. - [Data Act Cloud Switching Compliance Checklist](/artifacts/eu/data-act/cloud-switching-compliance-checklist.md): A grounded EU Data Act checklist for cloud and data processing service providers covering switching clauses, notices, export formats, charges, interoperability, and evidence. - [Data Act Cloud Switching Contract Terms FAQ](/artifacts/eu/data-act/faq/cloud-switching-contract-terms.md): FAQ on EU Data Act cloud switching contract terms: Article 25 clauses, assistance, notice, transition, charges, export, termination, interoperability, and records. - [Data Act Cloud Switching Fees And Deadlines FAQ](/artifacts/eu/data-act/faq/cloud-switching-fees-and-deadlines.md): FAQ on EU Data Act cloud switching charges, 2027 fee removal, notice periods, transition windows, data retrieval, contract terms, and evidence records. - [Data Act Complaints and Dispute Settlement FAQ](/artifacts/eu/data-act/faq/complaints-and-dispute-settlement.md): FAQ on EU Data Act complaints, competent authorities, dispute settlement bodies, B2B data-sharing disputes, B2G requests, cloud switching disputes, and evidence records. - [Data Act Exportable Data and Metadata FAQ](/artifacts/eu/data-act/faq/exportable-data-and-metadata.md): FAQ explaining which product, related service, metadata, and cloud switching data must be exportable under the EU Data Act, and which data can be excluded. - [Data Act FAQ for Aftermarket Repair and Mobility Services](/artifacts/eu/data-act/faq/aftermarket-repair-and-mobility-services.md): FAQ on EU Data Act vehicle-data access for repairers, independent service providers, fleets, insurers, and mobility services. - [Data Act Functional Equivalence FAQ](/artifacts/eu/data-act/faq/functional-equivalence.md): FAQ on Data Act functional equivalence for cloud switching: IaaS scope, customer outcomes, export support, interoperability duties, limits, and evidence. - [Data Act Indirect Access Request Flows FAQ](/artifacts/eu/data-act/faq/indirect-access-request-flows.md): FAQ for Data Act teams handling user and third-party data requests when direct connected-product access is unavailable, incomplete, or limited. - [Data Act International Government Access FAQ](/artifacts/eu/data-act/faq/international-government-access.md): FAQ on EU Data Act safeguards for non-EU government access to non-personal data held in the Union by data processing service providers. - [Data Act Interoperability Standards FAQ](/artifacts/eu/data-act/faq/interoperability-standards.md): FAQ on EU Data Act interoperability standards for data spaces, cloud switching, smart contracts, harmonised standards, common specifications, and M/614. - [Data Act Model Contractual Terms FAQ](/artifacts/eu/data-act/faq/model-contractual-terms.md): FAQ on the EU Data Act non-binding model contractual terms for data access and use, cloud switching clauses, B2B use, unfair terms, and evidence. - [Data Act Public Emergency Requests FAQ](/artifacts/eu/data-act/faq/public-emergency-requests.md): FAQ on EU Data Act public emergency requests: exceptional need, request content, timing, data holder response, compensation, confidentiality, and records. - [Data Act Smart Contracts for Data Sharing](/artifacts/eu/data-act/smart-contracts-for-data-sharing.md): Data Act Article 36 smart contract guide for data-sharing agreements: scope, robustness, access control, termination, interruption, archiving, standards status, and conformity evidence. - [Data Act SME Exceptions and Startups FAQ](/artifacts/eu/data-act/faq/sme-exceptions-and-startups.md): FAQ on where the EU Data Act gives micro, small, medium-sized, startup, and SME actors narrower treatment for access duties, compensation, and B2B terms. - [Data Act Trade Secret Technical Protection Measures FAQ](/artifacts/eu/data-act/faq/trade-secret-technical-protection-measures.md): FAQ on how EU Data Act data holders can protect trade secrets with confidentiality safeguards, technical measures, limited withholding, suspension, refusal, and evidence. - [Data Act Trade Secrets and Protection Measures](/artifacts/eu/data-act/trade-secrets-and-protection.md): Data Act guide for protecting trade secrets during access and sharing: classification, safeguards, refusal thresholds, notices, evidence records, and reviews. - [Data Act Unfair Contractual Terms | Article 13 B2B Contract Review](/artifacts/eu/data-act/unfair-contractual-terms.md): Review B2B data-sharing clauses under EU Data Act Article 13: unilateral terms, always unfair examples, presumed unfair terms, model clauses, evidence, and remediation. - [Data Act Vehicle Data Guidance](/artifacts/eu/data-act/vehicle-data-guidance.md): Commission-grounded guide to Data Act vehicle data access: connected vehicles, vehicle-related services, raw and pre-processed data, aftermarket use cases, access routes, safeguards, and GDPR boundaries. - [Data Act vs GDPR: connected-product data access](/artifacts/eu/data-act/data-act-vs-gdpr.md): Compare EU Data Act connected-product access duties with GDPR personal-data rules: scope, roles, lawful basis, data subject rights, third-party sharing, trade secrets, and conflicts. - [EU Data Act and Common European Data Spaces FAQ](/artifacts/eu/data-act/faq/data-act-and-common-european-data-spaces.md): FAQ on how EU Data Act interoperability duties, Data Governance Act rules, and sector data-space governance fit together without treating participation as a general obligation. - [EU Data Act Applicability Test](/artifacts/eu/data-act/applicability-test.md): Check whether a product, related service, data holder, cloud service, data-space role, smart contract, or B2G request is in scope of the EU Data Act. - [EU Data Act Application Dates And Transition FAQ](/artifacts/eu/data-act/faq/application-dates-and-transition.md): FAQ on when the EU Data Act applies, which obligations are delayed, and what product, contract, cloud, and evidence records teams should maintain. - [EU Data Act Article 3 Pre-Contract Information](/artifacts/eu/data-act/pre-contractual-information-obligations.md): What Article 3 of the EU Data Act requires before connected-product purchase, rent, lease, or related-service contracting: data categories, access, data holder identity, third-party sharing, complaints, and evidence. - [EU Data Act Article 36 Smart Contract Controls FAQ](/artifacts/eu/data-act/faq/article-36-smart-contract-controls.md): FAQ explaining when EU Data Act Article 36 applies to smart contracts for data-sharing agreements and what controls, conformity evidence, and limits it requires. - [EU Data Act B2B Data Sharing Compensation FAQ](/artifacts/eu/data-act/faq/compensation-for-b2b-data-sharing.md): FAQ on when Data Act data holders may charge B2B data recipients, what reasonable compensation can include, SME limits, unfair terms, disputes, and trade secret safeguards. - [EU Data Act B2G Compensation and Costs FAQ](/artifacts/eu/data-act/faq/b2g-compensation-and-costs.md): FAQ on when Data Act B2G exceptional-need requests are free, when fair compensation may be claimed, which costs can be included, and what records to keep. - [EU Data Act B2G Exceptional Need FAQ](/artifacts/eu/data-act/faq/b2g-exceptional-need.md): When public-sector bodies can request business-held data under the EU Data Act, what a valid request must contain, and how data holders handle limits, trade secrets, compensation, and evidence. - [EU Data Act Checklist for Product, Cloud, and Contract Teams](/artifacts/eu/data-act/checklist.md): A grounded EU Data Act checklist for connected-product data access, third-party sharing, B2G requests, cloud switching, unfair terms, smart contracts, personal data boundaries, evidence, and owners. - [EU Data Act Cloud Switching and Exit Plans](/artifacts/eu/data-act/cloud-switching-and-exit-plans.md): A grounded EU Data Act guide for data processing service exit plans: switching contracts, exportable data, assistance, charges, interoperability, retrieval, erasure, and records. - [EU Data Act Cloud Switching Procurement FAQ](/artifacts/eu/data-act/faq/cloud-switching-procurement-checklist.md): Procurement checklist FAQ for EU Data Act cloud switching: contract terms, exit support, exportable data, switching charges, interoperability, termination, and supplier evidence. - [EU Data Act Compliance Program](/artifacts/eu/data-act/compliance.md): Build a Data Act compliance program for connected-product data access, contracts, B2G requests, cloud switching, smart contracts, GDPR boundaries, records, and ownership. - [EU Data Act Connected Product Scope and Data Types](/artifacts/eu/data-act/scope-connected-products-and-data-types.md): Classify EU Data Act connected products, related services, product data, related-service data, readily available data, metadata, and excluded derived outputs. - [EU Data Act Connected Product Scope FAQ](/artifacts/eu/data-act/faq/scope-connected-products.md): FAQ explaining when connected products, related services, generated data, EU market placement, and SME exceptions fall within EU Data Act scope. - [EU Data Act Data Processing Service Switching](/artifacts/eu/data-act/data-processing-services-switching.md): A grounded EU Data Act guide for provider and customer switching duties: exit assistance, exportable data, contract clauses, charges, interoperability, retrieval, and erasure. - [EU Data Act data spaces interoperability FAQ](/artifacts/eu/data-act/faq/data-spaces-interoperability.md): FAQ explaining Article 33 Data Act interoperability requirements for data-space participants, common European data spaces, standards, APIs, metadata, and architecture evidence. - [EU Data Act deadlines and compliance calendar](/artifacts/eu/data-act/deadlines-and-compliance-calendar.md): A source-linked calendar for EU Data Act application dates, product design timing, contract remediation, cloud switching charges, response periods, standards work, and evidence records. - [EU Data Act Direct Access by Design FAQ](/artifacts/eu/data-act/faq/direct-access-by-design.md): FAQ for product and legal teams designing user access to connected-product and related-service data under the EU Data Act. - [EU Data Act Enforcement And Competent Authorities FAQ](/artifacts/eu/data-act/faq/enforcement-and-competent-authorities.md): FAQ on who enforces the EU Data Act, how complaints work, how Member States set penalties, when dispute settlement can be used, and when GDPR authorities remain responsible. - [EU Data Act FAQ: scope, access rights, B2G, cloud switching, GDPR, and dates](/artifacts/eu/data-act/faq.md): Grounded EU Data Act FAQ index covering connected-product data access, third-party sharing, B2G exceptional need, cloud switching, smart contracts, GDPR boundaries, unfair terms, trade secrets, and application dates. - [EU Data Act Non-Emergency Public-Sector Requests FAQ](/artifacts/eu/data-act/faq/non-emergency-public-sector-requests.md): FAQ on EU Data Act requests where a public body claims exceptional need outside a public emergency, including scope, request contents, limits, compensation, confidentiality, and evidence. - [EU Data Act Non-Personal Data and Mixed Datasets FAQ](/artifacts/eu/data-act/faq/non-personal-data-and-mixed-datasets.md): FAQ on how the EU Data Act treats non-personal data, mixed datasets, GDPR precedence, user and third-party access, trade-secret limits, and evidence records. - [EU Data Act Penalties and Enforcement](/artifacts/eu/data-act/penalties-and-fines.md): Grounded guide to Data Act penalties under Article 40, Member State enforcement, penalty factors, complaints, judicial remedies, and the GDPR enforcement boundary. - [EU Data Act Pre-Contractual Information FAQ](/artifacts/eu/data-act/faq/pre-contractual-information.md): FAQ on EU Data Act Article 3 pre-contract information for connected products and related services, including data categories, access methods, data holder identity, third-party sharing, and GDPR boundaries. - [EU Data Act Product Data vs Related Service Data FAQ](/artifacts/eu/data-act/faq/product-data-and-service-data.md): FAQ explaining how the EU Data Act separates connected product data, related service data, readily available raw and pre-processed data, metadata, and inferred or derived outputs. - [EU Data Act Readily Available Data FAQ](/artifacts/eu/data-act/faq/readily-available-data.md): FAQ on what counts as readily available data under the EU Data Act, including product data, related service data, metadata, inferred data, and access mechanics. - [EU Data Act Related Services FAQ](/artifacts/eu/data-act/faq/related-services.md): FAQ explaining when software is a Data Act related service, how it links to connected products, which product and service data are in scope, and what exclusions apply. - [EU Data Act requirements](/artifacts/eu/data-act/requirements.md): Source-grounded EU Data Act requirements for connected-product data access, B2B sharing terms, B2G exceptional needs, cloud switching, smart contracts, interoperability, GDPR boundaries, and records. - [EU Data Act Smart Contracts for Data Sharing FAQ](/artifacts/eu/data-act/faq/smart-contracts-for-data-sharing.md): Answers on Article 36 Data Act smart-contract requirements for data sharing: scope, robustness, access control, termination, archiving, conformity assessment, contract terms, and standards status. - [EU Data Act Third-Party Data Sharing FAQ](/artifacts/eu/data-act/faq/third-party-data-sharing.md): FAQ on user-directed third-party data sharing under the EU Data Act, covering data holder duties, recipient limits, trade secrets, security, GDPR, and gatekeepers. - [EU Data Act Trade Secret Safeguards FAQ](/artifacts/eu/data-act/faq/trade-secrets-safeguards.md): FAQ on protecting trade secrets when handling EU Data Act user and third-party data access requests, including safeguards, withholding, suspension, refusal, notices, and records. - [EU Data Act Unfair Contractual Terms FAQ](/artifacts/eu/data-act/faq/unfair-contractual-terms.md): FAQ on Article 13 of the EU Data Act: B2B unfair contract terms, unilateral take-it-or-leave-it clauses, always-unfair terms, presumed-unfair terms, SMEs, model terms, and review evidence. - [EU Data Act User Access and Portability Rights](/artifacts/eu/data-act/access-rights-and-portability.md): Practical guide to EU Data Act user access, connected-product data portability, third-party sharing, trade secret safeguards, and the GDPR boundary. - [EU Data Act Vehicle Data Guidance FAQ](/artifacts/eu/data-act/faq/vehicle-data-guidance.md): FAQ on EU Data Act vehicle data guidance for connected vehicles, aftermarket repair, mobility services, third-party access, trade secrets, security, and GDPR boundaries. - [EU Data Act vs Data Governance Act](/artifacts/eu/data-act/data-act-vs-data-governance-act.md): Compare the EU Data Act with the Data Governance Act: connected-product access, cloud switching, B2B/B2G duties, protected public-sector reuse, intermediaries, altruism, governance, and enforcement. *Recommended next step* *Placement: after GDPR boundary section* ## Map Data Act Users, Data Holders, and Recipients Turn the role analysis into a product-by-product matrix covering connected products, related services, data holders, user access paths, third-party recipient limits, trade-secret safeguards, and GDPR checks. - [Open Research Copilot](/solutions/research-copilot.md): Get cited answers on Data Act role mapping and adjacent connected-product access obligations. - [Discuss Data Act Role Mapping](/contact.md): Review user, data holder, recipient, and GDPR boundary decisions across product, contract, support, and partner workflows. --- [Privacy Policy](https://www.sorena.io/privacy) | [Terms of Use](https://www.sorena.io/terms-of-use) | [DMCA](https://www.sorena.io/dmca) | [About Us](https://www.sorena.io/about-us) (c) 2026 Sorena AB (559573-7338). All rights reserved. Source: https://www.sorena.io/artifacts/eu/data-act/faq/users-data-holders-and-recipients