Genorma.com has informed about the new proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act). This proposal considers the preparation and use of harmonised standards to provide products and services with presumption of compliance with the requirements of this proposed Regulation. This can be an important step in the consolidation of European standards as a tool to support the implementation of legislation in Europe, and could even mean that this is the first time that Harmonised standards are used to support services (and not only products).

Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user.

Before concluding a contract for the purchase, rent or lease of a product or a related service, at least the following information shall be provided to the user, in a clear and comprehensible format:
(a) the nature and volume of the data likely to be generated by the use of the product or related service;
(b) whether the data is likely to be generated continuously and in real-time;
(c) how the user may access those data;
(d) whether the manufacturer supplying the product or the service provider providing the related service intends to use the data itself or allow a third party to use the data and, if so, the purposes for which those data will be used;

(e) whether the seller, renter or lessor is the data holder and, if not, the identity of the data holder, such as its trading name and the geographical address at which it is established;
(f) the means of communication which enable the user to contact the data holder quickly and communicate with that data holder efficiently;
(g) how the user may request that the data are shared with a third-party;
(h) the user’s right to lodge a complaint alleging a violation of the provisions of this Chapter with the competent authority referred to in Article 31.

This proposed Regulation will support the development of Harmonised Standards providing the acceptable conditions for data access, transparency on the use of data and data transfer. European standards will also support the issuing of standardised contracts following the requirements established in such standards including clauses and information, creating trust for citizens.