EU Data Act makes access-by-design mandatory for new connected products

On September 12, the EU Data Act’s access-by-design obligation took effect for connected products and related services placed on the EU market after that date, as detailed in a June 18 Wilson Sonsini alert. Relevant data must be easily, securely and directly accessible to users by default, free of charge where relevant and technically feasible, with indirect access requiring a defensible design rationale. Manufacturers and service providers now need product architecture, user terms and machine-readable data delivery to align across both consumer and business deployments. Cross-border groups should document how trade secrets, security constraints and technical feasibility shape access because national authorities are building separate enforcement frameworks and penalties.