16 September 2025
Starting 12 September 2025, the EU will introduce comprehensive obligations for manufacturers and providers of connected products and related services. Swiss companies will also be affected if they offer such products or services in the EU. We recommend that companies assess the need for action and adapt their contracts to the new requirements.
What is it about?
Connected products are devices such as cars, machines, or household appliances that generate data during use and enable the transfer of this data to other systems. Related services are digital services such as apps, maintenance tools, or cloud offerings that are necessary for the operation of such products or open up additional usage possibilities. The purpose of the EU data law is to enable fair access to such data and prevent lock-ins. It aims to create a European internal market in which companies can use this data to develop better and new products. This also benefits users and consumers. At the same time, it is now explicitly stipulated that their data may only be used with their consent.
Which companies are affected?
The provisions apply to providers that place connected products or related services on the European market – regardless of the enterprises registered office. They therefore also apply to Swiss providers that distribute their products or services in the EU. The only exception exists for small enterprises with fewer than 50 employees and annual turnover or balance sheet total not exceeding EUR 10 million, as well as for medium-sized enterprises with fewer than 250 employees, whose annual turnover does not exceed EUR 50 million or whose balance sheet total does not exceed EUR 43 million.
What obligations does the Act impose?
The use and sharing of data will in the future only be permissible with the user’s consent. In addition, connected products and related services must be designed in such a way that users are guaranteed easy access to the data generated. Users should be able to retrieve their data easily and securely and share it with third parties. The data must be made available in a commonly used, machine-readable format. Manufacturers are required to provide the necessary interfaces for data access in their products ("access by design"). Enterprises must also inform their customers comprehensively before the conclusion of a contract – in particular about what data is generated, how it is stored, and how it is made accessible.
Where is there a need for action?
For Swiss companies active in the European market, the EU Data Act means that products and services must be adapted to the new requirements and contractual frameworks must be revised. We will be pleased to support you in integrating these requirements into your contracts and processes, ensuring that your enterprise complies with the new provisions of the EU Data Act.
