Leveraging data analytics is one of the holy grails of the manufacturing industry. Traditionally, only companies with large sales volumes or extensive research facilities have been able to generate sufficient data to exploit its full value. As sensors have become smaller, cheaper, and internet-connected, companies of all sizes can now collect data from their products in operation.
This shift, however, introduces an important conflict of interest: the operator pays for the fuel and operational costs that generate the data, yet may not be aware that the data is being collected, or may not be able to access or benefit from it. This is where the EU Data Act comes into the picture.
Overview of the EU Data Act
The EU Data Act (Regulation (EU) 2023/2854) is a European regulation that will apply from September 2025 and concerns companies operating within the EU. While data-related legislation exists outside the EU, the EU Data Act is currently the most comprehensive framework governing business-to-business (B2B) and business-to-government (B2G) data generated by products and related services.
The EU Data Act sets out rules on how data generated by connected products can be accessed and used. It also provides guidance for developing fair, reasonable, and non-discriminatory data-sharing contracts.
Importantly, the rights established under the EU Data Act apply not only to product owners, but also to leasing and rental customers, which is particularly relevant in the marine sector.
Scope for Marine OEMs
The digital products and services of a typical marine craft or marine equipment manufacturer that may fall under the EU Data Act include, for example:
- Connected products
- Related services
- Data processing services.
Connected Products
A connected product is a product that obtains, generates, or collects data concerning its use or environment, and is able to communicate product data via an electronic communications service, a physical connection, or on-device access. Its primary function must not be the storage, processing, or transmission of data on behalf of any party other than the user.
Examples in the marine industry include engines, propulsion systems, navigation equipment, energy management systems, and onboard monitoring devices.
Related Services
A related service is a digital service (other than an electronic communications service), including software, that is connected to the product at the time of purchase, rental, or lease in such a way that its absence would prevent the connected product from performing one or more of its functions. It also includes services that are later connected to the product to add, update, or adapt its functionality.
Examples include remote diagnostics platforms, performance dashboards, or condition-based maintenance software.
Data Processing Services
A data processing service is a digital service provided to a customer that enables ubiquitous and on-demand network access to a shared pool of configurable, scalable, and elastic computing resources. These resources may be centralised, distributed, or highly distributed, and can be rapidly provisioned and released with minimal management effort.
Examples include cloud computing platforms used for fleet monitoring, performance analytics, and data storage, as well as edge computing solutions deployed onboard vessels to process data locally before transmission or synchronization with shore-based systems.
Practical Impacts of the EU Data Act
Access to Data
The EU Data Act grants product users and operators the right to access data generated through the use of their connected products. For marine operators, this includes operational, environmental, and performance data generated during vessel operation.
Cost-Effective Repair and Maintenance
Users of connected products may access and share product-generated data with third parties. The goal is to prevent manufacturers from holding a monopoly over aftermarket and maintenance services. As a result, operators or independent service providers must be given access to the same maintenance-relevant data as the OEM, under fair conditions.
Product Performance and Operational Efficiency
Operators gain access to performance-related data, enabling them to identify more efficient operating patterns. In the marine industry, this can directly support fuel optimization, emissions reduction, and compliance with environmental regulations.
How the EU Data Act Changes the Sales Process
Article 3 of the EU Data Act introduces requirements aimed at improving transparency during the sales process.
Before the conclusion of a contract for a connected product, users must be provided with clear information, including:
- The types of data generated
- Data formats and estimated data volumes
- Where the data is stored
- How the user can access the data
- Means of communication between the data holder and the product user
- Instructions on how data can be shared with third parties
This significantly affects how marine OEMs structure sales contracts, technical documentation, and digital service offerings.
Challenges for Marine OEMs
While product-generated data is highly valuable to manufacturers, the obligation to share such data raises concerns around intellectual property protection, cybersecurity, and commercial sensitivity. In addition, implementing compliant data access mechanisms may increase operational complexity and costs, particularly with respect to data governance, standardization, and secure interfaces.
Successfully implementing the EU Data Act requires more than legal compliance. It demands a lifecycle-oriented view of products, services, and data — from sales and commissioning to operation, maintenance, and end-of-life.
This intersection between regulation, digitalization, and aftermarket strategy is where I focus my work, supporting marine OEMs through lifecycle management and aftersales management consulting to build future-proof service ecosystems.