Access and Use Your Machine Data: What the EU Data Act Means for Predictive Maintenance
Predictive maintenance needs data. By collecting, processing, and analyzing machine data, maintenance experts can anticipate failures, prevent downtime, improve efficiency, and ultimately save industry billions.
Now, the rules of data ownership are changing. Predictive maintenance can only benefit.
Historically, the providers of data-generating devices or services have owned the data generated by those devices or services. As of September 2025, that era of assumed data ownership is history. The EU Data Act has created new rules for sharing, accessing, and creating value from data.
Critically for predictive maintenance, users of connected devices and services are recognized as a critical part of data generation by connected devices and services that they use. To wit, a sensor that sits on a shelf generates no data; its use is a necessary condition for data generation. The same is true for all connected machines and services. And that means predictive maintenance practitioners can now legally access, use, and transfer data generated by connected sensors and services.
This creates ground-breaking opportunities for OEMs, sensor manufacturers, maintenance providers, and reliability teams. It’s now possible to access and share machine-health data held by OEMs. It’s now possible to change analytics software without giving up past data. It’s now even possible for OEMs to access data from other OEM’s machines.
This guide unpacks the Data Act, examining the parts that affect predictive maintenance and interpreting how the field can benefit.*
For your convenience, the full text of the Data Act is available here. This guide includes citations of relevant articles within the Data Act.
In 2026, the EU’s data economy is projected to reach €630 billion—nearly 5 % of the EU’s GDP. As transformative as this is, much of this data and the value it can create remains locked up in walled gardens. And there isn’t really a good reason for this. Data is non-perishable and infinitely replicable; there is no natural limit to its use or reuse. The Data Act breaks down the artificial limits.
Predictive maintenance is in a unique position with respect to data. As we explored in a recent article, the field is at an inflection point. The volume and complexity of data is increasing: a 1000-sensor installation pushing data to threshold-based rules can easily produce 500 false alarms a month—too much for analysts to manually verify.
Unlocking the full value of that data will take a paradigmatic change in how the field uses that data. That means processing data, ideally with a behavior-based system that can leverage automation.
But processing data is only possible with access to data.
With this in mind, the timing of the Data Act could not be better. Access is now a reality.
Many plants have been locked in to data processing services based on the sensors—OEM or solution-based—that they use. If a plant uses equipment with onboard sensors and the OEM provides a rudimentary dashboard, that’s all that plant’s reliability team gets. The OEM controls access to the data; the customer is blocked from finding better data processing.
This can manifest in a number of ways that hold back predictive maintenance. Management may neglect monitoring balance of plant because the data from low-cost sensors won’t work with existing systems. They may not upgrade sensors on critical assets for the same reason. Reliability teams may hesitate to switch to a better service, fearing a loss of valuable machine data. Or the plant’s reliability team may just be stuck juggling dashboards.
It all ends with the Data Act. Data can now move freely. Maintenance teams can take advantage of the best solutions for their specific needs. Access to data from all machines and sensors can enhance factory-level monitoring capabilities and, consequently, factory-level reliability.
The Data Act entered into force on 12 September, 2025, but it is designed to give the market time to adapt.
New connected products and services will have until September 2026 until they are required to be designed for easy access to data.
Meanwhile, existing (as of entry into force) contracts of longer than 10-year duration (starting from 11 January 2024) for connected services have until September 2027 to eliminate unfair contractual terms.
Finally, data processing service providers may charge switching fees up until January 2027, but these may not exceed the costs of switching.
The Data Act defines a number of terms. The selection below, taken verbatim from the Data Act, are applicable to this article’s analysis of the regulation as it affects predictive maintenance. Please refer to this list for clarity on terms used throughout this guide.
See the full list of definitions here.
Markets flourish at the happy confluence of rights and obligations. Protections for property, standards for voluntary collaboration, and freedom from coercive powers create the conditions for vibrant trade. Chapters II and III of the Data Act set the groundwork for a data market by laying out the new rights and obligations of businesses and consumers involved in data sharing.
This primarily establishes how those offering connected products and services are required to make data available. Generally, they must include necessary meta data and deliver it in an accessible, machine-readable format, at no extra charge. Sales and contracts now comes with obligations. Customers are entitled to information about the data, including how it’s generated, where it’s stored, and how to access or erase it, as well as other information including the intended use of the data and their right to complain or share data with third parties. (Article 3)
The Data Act includes a number of across-the-board rules limiting use of data to contractual provisions, limiting unnecessary data collection, protecting trade secrets, and forbidding hacking and espionage. These are mostly common sense but important nonetheless for enabling the free movement of data. Protections from abuse eases buy-in from data holders and users alike. Critically, there is a mechanism for data holders to refuse access to data on a case-by-case basis if they can demonstrate that allowing access to data would cause serious damage through disclosing trade secrets. (Article 4)
These protections open the door for one of the Data Act’s most exciting new rights.
Under the Data Act, it’s now possible for data users to request that data holders make their data available to a third party.
They may also allow third parties to request this data on their behalf.
This is generally subject to the same limitations above: no hacking, no espionage, trade secrets and personal data remain protected. There are additional limits. Notably, businesses designated as gatekeepers under the Digital Markets Act (essentially large gateways between businesses and end users that generate billions in turnover) are not eligible third parties. (Article 5)
H3: The Data Act’s Provisions for Compensation for Making Data Available
The Data Act’s obligations for data holders will create work. It’s arguable, therefore, that data holders are entitled to compensation for meeting those obligations. The Data Act sets rules for compensation accordingly, requiring data holders and users to transparently consider costs incurred and investments made by each party in generating data. Compensation can include a margin in most cases. (Article 9)
Chapter VI gets into details of switching data processing services. It covers service providers’ technical, contractual, informational, and other obligations with respect to making their services switchable. It also provides a timeline for phasing out switching charges. Finally, it provides rules for the technical aspects of switching.
Primarily, services providers are obligated to allow their customers to switch to different providers. They can’t do anything to inhibit this, including unbundling data processing services or preventing functional equivalence. (Article 23)
Service provides are also held to standards of support provision, security maintenance, and time limits for completing switches and allowing data ports. Usually, service providers are required to begin switches within two months of customers providing notice that they want to switch. Once started, transition to the new service provider should be completed within 30 days. Data must remain available for retrieval for 30 days after completion.
The Data Act acknowledges that switching may be technically challenging to the point that this timeline is not feasible. In cases where completing the transition is not feasible within 30 days, providers have 14 days to notify customers and provide and alternative transitional period, which may last up to seven months.
Finally, service providers will need to provide exhaustive specifications of portable data and guarantee erasure of customer data. (Article 25)
The Data Act’s Gradual Withdrawal of Switching Charges
After 12 January 2027, data processing service providers will no longer be allowed to impose switching charges.
Until then, providers may charge a switching charge that does not exceed the direct costs of switching.
Service providers will also be expected to let customers know about both these fees and the end of these fees. If switching is costly, complex, or requires interference with infrastructure or other services, they should also let customers know this as well. Ideally, all of this information should be publicly available on a website. (Article 29)
The Data Act’s Standards on Technical Aspects of Switching
The Data Act requires that service providers support the technical aspects of switching providers. This entails providing documentation and any necessary technical support and tools to make a switch. This should include an open interface available to both customers and the service providers to which they’re switching.
This should ensure broad compatibility based on open interoperability specifications or the harmonized standards for interoperability that the Commission is committed to developing. If neither of these exist, service providers may export all data according to the standards established earlier in the Data Act. Like always, service providers are not expected to compromise security, IP, trade secrets, or personal data. (Article 30)
The Data Act is obviously a win for reliability teams. Restrictive contracts and walled gardens are gone. The experts who make predictive maintenance happen on the floor can now explore their options and choose the best tools for the job.
One particularly exciting opportunity for reliability teams appears in the form of authorized third-parties. Reliability teams can now authorize an analytics service, for example, to request a service switch from OEMs, sensor makers, or other service. Customers get better services with minimal effort.
On the other side of things, the Data Act may produce more work for OEMs, sensor sellers, and service providers. Compliance and supporting customer switching will only come at a cost, and there’s a limited window in which to recoup those costs. Increased competition will also force service providers to innovate and improve.
But the Data Act also creates huge opportunities. For the first time, OEMs will be able to access data from other OEMs, provided end customers customers grant access. Third parties will be able to facilitate data sharing and switching. There are also new opportunities for collaboration between sensor makers, OEMs, and data processing providers. All the work put into improving services will come back in the form of happy customers, finally realizing the full potential of predictive maintenance.
This article focuses on the parts of the Data Act that affect predictive maintenance, but the scope of the Data Act is far greater. There may be more that you need to know.
H3: Are there any exceptions to data sharing obligations?
Yes. Obligations do not apply to data generated through the use of connected devices provided by microenterprises or small enterprises, as long as they aren’t connected to a non-micro or small enterprise, and they aren’t subcontracted to provide their product or service. Medium-sized enterprises in the market for less than a year are also exempt. (Article 7)
With respect to switching services, obligations do not apply to custom solutions or solutions in testing. (Article 31)
What are the shared standards for interoperability?
Article 33 contains requirements to facilitate interoperability of data, sharing, and services. It also contains provisions for the European Data Innovation Board to advise or prepare acts that develop harmonized standards for interoperability.
How will the Data Act be Enforced?
Enforcement will be similar to GDPR enforcement in that it will be handled by impartial competent authorities appointed by and operating within each EU member state. These authorities will be responsible for promoting data literacy and awareness of rights and obligations, handling complaints, investigating infringements, imposing financial penalties, monitoring technological and commercial developments making data available, cooperating with other competent authorities, and ensuring that switching charges end. (Article 37)
Are there Penalties for Data Act Infringements?
Member states are responsible for effective, proportionate, and dissuasive penalties for infringements. These should consider the recommendations of EDIB, as well as the size of infringement, mitigating or remedying actions taken, previous infringements, the financial benefits of infringing, infringer’s annual turnover the preceding year, and any aggravating or mitigating factors. (Article 40)
Thanks to the EU Data Act, predictive maintenance practitioners can now legally access, use, and transfer data generated by condition monitoring sensors and systems.
This gives the field unprecedented access to data and all the benefits that come with it. The maintenance experts who keep plants running will be able to reap that benefit, keeping their data intact as they switch, supplement, or develop systems to extract insights.
As a long-time proponent of data openness, Viking Analytics is here to support maintenance providers and sensor makers in taking full advantage of the Data Act’s opportunities.
Ready to get the most out of your machine data? We've made a step-by-step guide with the resources you'll need to request your data or initiate a switch.
*This is not legal advice. Please consult qualified legal counsel.
MultiViz - AI powered vibration analysis-conditioning monitoring for smarter predictive maintenance.