Trade secret barriers persist despite stronger data rights for EU operators

IRU welcomes the Commission's new guidance on vehicle data, published as the EU Data Act becomes applicable across the bloc. Operators now have a clear legal right to access and share vehicle-generated data. Together, these measures are a major step towards fairer and more transparent data use in road transport. Yet challenges remain, notably around the scope of trade secret exemptions.

The new framework is a turning point for road transport.

Until now, operators faced uncertainty and a lack of transparency in accessing connected vehicle data, which is increasingly critical for fleet management, predictive maintenance, digital services, and efficiency improvements. By setting clear rights and obligations, the Data Act provides operators with the legal certainty they need to use and share vehicle data competitively and innovatively.

IRU has long advocated for operators' rights to vehicle data and strongly supported the Data Act throughout the legislative process. During the negotiations, IRU called for clear user rights to access and share data, safeguards against unfair contractual terms, and protection from excessive data portability fees. These elements are now embedded in the regulation, strengthening the position of operators in the digital transport ecosystem.

IRU EU Director Raluca Marian said, "The Data Act is a significant step forward in facilitating data access for transport operators, enabling them to thrive in an increasingly connected world."

"By granting users control over their vehicle-generated data and allowing them to share it with selected third parties, we foster collaboration and meaningful progress in the industry," she added.

The Commission's guidance clarifies how the Data Act applies to the automotive sector. It specifies which connected services and categories of vehicle data fall within scope, from basic sensor signals to processed vehicle functions that support efficiency, safety and sustainability. The clarification provides much-needed transparency and legal certainty for operators.

However, IRU remains concerned about the trade secret exemptions included in the final text.

"The exemptions risk creating legal uncertainty and could undermine the Act's objectives if misused. More clarity is needed," said Raluca Marian.

IRU welcomes the Commission's commitment to issue further guidance on trade secrets and will closely monitor the implementation of the Data Act to ensure a fair and balanced framework that fully supports Europe's road transport sector.