Connected machines, vehicles, household appliances and medical devices generate large volumes of data. Until now the manufacturer usually decided alone who could use it. The Data Act shifts this balance: users gain a right to the data their use generates and can have it shared with third parties.
Data access for users
Data holders, usually the manufacturer or the provider of a related service, must make product and service data available to users easily, securely and free of charge. Before a contract is concluded, users must be informed which data is generated and how they can access it. Trade secrets may be protected but cannot serve as a blanket reason for refusal.
Design duty from 12 September 2026
Connected products and related services placed on the market from 12 September 2026 must be designed so that users can access the data directly, where technically feasible. For manufacturers this is a product development requirement, not just a contractual one.
Switching between cloud and SaaS providers
Providers of data processing services, including software as a service, must enable customers to switch to another provider: with notice periods of at most two months, a transition period, support with export, and the gradual removal of switching charges, which disappear entirely from 12 January 2027.
Relationship with the GDPR
The Data Act leaves the GDPR untouched. Where data is personal, sharing it still requires a legal basis under data protection law. The GDPR right to data portability and data access under the Data Act exist side by side.
Relevance for Swiss companies
The Data Act applies to products and services offered in the EU, regardless of where the manufacturer is based. Swiss machine builders, device makers and SaaS providers with EU customers are therefore directly affected. Our Data Act readiness offer prepares products and contracts.